Sonoma City Council
June 15, 2022

Manager, staff is recommending updating this position to a Human Resources Manager. A job description is attached for Council’s review and approval, the salary range would remain the same.

Recommended Council Action
Adopt the resolution approving a new job classification of an Assistant to the City Manager in the FY 22/23 budget, direct the City Manager to initiate the recruitment process for this position, update the Administrative Services Manager position to Human Resources Manager and adopt the revised job description, and approve the removal of “Executive Assistant” from the City Clerk classification.

Alternative Actions
Council discretion.

Financial Impact
The salary range for the Assistant to the City Manager position would be set at $7,842 - $9,531 per month. For the FY 22/23 budget, with benefits and all payroll taxes, the position would be budgeted at $139,998.59.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments

RESOLUTION
Asst to the City Manager
Human Resources Manager
Salary Schedule 6.15.2022
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.7:

City of Sonoma
RESOLUTION #__-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA APPROVING A NEW JOB CLASSIFICATION OF ASSISTANT TO THE CITY MANAGER IN THE FY 22/23

BUDGET, DIRECTING THE CITY MANGER TO INITIATE THE RECRUITMENT PROCESS,

UPDATING THE ADMINISTRATIVE SERVICES MANAGER POSITION TO HUMAN

RESOURCES MANAGER AND ADOPTING THE REVISED JOB DESCRIPTION, AND APPROVING THE REMOVAL OF “EXECUTIVE ASSISTANT” FROM THE CITY CLERK

CLASSIFICATION
WHEREAS, the City Council of the City of Sonoma has numerous goals, initiatives, and projects; and
WHEREAS, in order to accomplish the goals and initiatives and move new projects of the City Council forward, there is the need for additional highly complex, and diverse, advanced level administrative, analytical, and technical support to the City Manager; and WHEREAS, the City Council recognizes the need for additional assistance in the City Manager’s office; and
WHEREAS, staff is also proposing the removal of “Executive Assistant” from the City Clerk classification as many of these duties would now be performed by the Assistant to the City Manager; and
WHEREAS, with the addition of several new positions in the last few years, certain job duties have shifted and in order to more accurately describe duties performed by the Administrative Services Manager, staff is recommending updating this position to a Human Resources Manager.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma hereby approves the following:

1. Creation of a new job classification of Assistant to the City Manager position in the NonRepresented Executive, Management/Administrative and Confidential Personnel Group, removal of “Executive Assistant” from the City Clerk classification and update of Administrative Services position to Human Resources Manager

2. Exhibit A – Salary Schedule with Assistant to the City Manager salary range of $7,842 - $9,531 and updated City Clerk and Human Resources titles

3. Exhibit B - Job Descriptions for Assistant to the City Manager and Human Resources Manager

4. Authority for the City Manager to initiate the recruitment process to hire the Assistant to the City Manager position.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Sonoma at its regular meeting held on June 15, 2022 by the following vote:

Agenda Item #4.7:

CITY OF SONOMA

ASSISTANT TO THE CITY MANAGER

DEFINITION
Under direction of the City Manager, performs a wide variety of highly responsible, complex, and diverse advanced level professional duties involved in providing administrative, analytical, and technical support to the City Manager’s Office; plans, coordinates, and participates in various program and administrative operations and activities including those having a City-wide impact; serves as liaison between the City Manager’s Office and the general public, City staff, appointed boards and committees, community organizations, and other governmental agencies seeking interaction with the City Manager and/or City Council; coordinates assigned activities with City departments, outside agencies, and the general public; and provides information and assistance to internal and external customers regarding assigned programs and services.

DISTINGUISHING CHARACTERISTICS
The Assistant to the City Manager is distinguished from other City job classifications in that incumbents work as a member of the City Manager’s Staff, performing complex and sensitive administrative (and confidential) work on programs with citywide implications.

Incumbents assigned to a particular program area have considerable latitude for program administration, icy and procedure development, and exercise independent judgment, particularly when representing the City with other agencies, boards and commissions, and community groups. Persons appointed to the Assistant to the City Manager classification are At-Will positions that are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and are Designated Management positions.

SUPERVISION RECEIVED/EXCERCISED
Receives direction from the City Manager. May exercise technical and functional supervision over assigned staff.

ESSENTIAL FUNCTIONS (included but are not limited the following) • Conducts complex and sensitive administrative, operational, and management analyses, studies, and research projects including those involving City-wide issues, programs, policies, and procedures; selects, adapts, and applies appropriate research and statistical techniques; gathers and analyzes data and information from various sources on a variety of specialized topics.

Agenda Item #4.7:

• Coordinates assigned services and program/project activities with those of other City programs, functions, departments and staff, boards, committees, and task forces as well as external agencies, groups, and the general public to ensure effective cooperation consistent with optimal efficiency, effectiveness, and economy; assists in the installation of new programs and procedures; develops new and revised programs, systems, procedures, and methods of operation and advises and recommends change and improvements.
• Performs a wide variety of complex and responsible administrative and professional duties for the City Manager and City Council; relieves assigned staff and elected officials of administrative work including investigating and answering complaints and providing assistance in resolving operational and administrative problems.
• Manages operations, activities, and performance of the full range of duties and responsibilities of the City’s housing programs.
• Coordinates and oversees City efforts with housing development companies to implement affordable housing projects.
• Coordinate and assist with grant writing to fund City projects and programs. • Assist with human resource functions; including recruitment activities and assistance to finance and human resources for negotiations. • Serves as staff liaison, participates on, and provides staff support to a variety of committees; completes specific objects; prepares and presents staff reports and other correspondence as appropriate and necessary.
• Responds to and resolves difficult and sensitive complaints and inquiries with political sensitivity; provides general and specialized information and assistance within area of assignment that may require the use of judgment, tact, and sensitivity and the interpretation of policies, rules, and procedures as appropriate; explains programs, policies, and activities related to specific program area of assignment; prepares responses, writes reports, makes recommendations and reviews with City Manager as appropriate; refers matters to appropriate City staff and/or takes or recommends action to resolve the request or complaint. • Participates in special projects including planning and implementation of special programs and events and complex research of new programs and services.

Agenda Item #4.7:

• Participates in the development and implementation of goals, objectives, and priorities for assigned functions and programs; recommends and implements resulting policies and procedures.
• Participates in the development and administration of the department budget; submits budget recommendations; monitors expenditures.
• Ensures that assigned program activities and services comply with relevant federal, state, and local laws, policies, and regulations. • Attends and participates in professional group meetings; stays abreast of new trends and innovations in the fields of business and public administration and issues related to field of expertise.
• May direct the work of support staff on a project or day-to-day basis. • Establishes positive working relationships with representatives of community organizations, state/local agencies and associations, City management and staff and the public.
• May develop, compile, review, and administer the budget for the City Manager’s office.

WORKING CONDITIONS
Position requires prolonged sitting, standing, walking, kneeling, squatting, and stooping in the performance of daily activities. The position also requires repetitive hand movement and fine coordination in data entry and preparing reports using a computer keyboard. Additionally, the position requires near and far vision in reading written reports and work-related documents. Acute hearing is required when providing phone and personal service. The position requires the need to lift, drag and push files, paper and documents weighing up to 25 pounds.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

QUALIFICATIONS (The following are minimal qualifications necessary for entry into the classification.)
Agenda Item #4.7:

Education and/or Experience
Any combination of education and experience that has provided the knowledge, skills, and abilities necessary for an Assistant to the City Manager. A typical way of obtaining the required qualifications is to possess the equivalent of three years of administrative, analytical, and supervisory experience, preferably with a local municipality, and a bachelor’s degree from an accredited college or university with major course work in public administration, political science, business administration or a related field. Master’s Degree preferred.

License/Certificate:

Possession of, or ability to obtain, a valid Class C California driver's license.

KNOWLEDGE/ABILITIES/SKILLS (The following are a representative sample of the knowledge, abilities, and skills necessary to perform essential duties of the position.) Knowledge of:

Principles and practices of public administration including the organization and functions of municipal government; operations, services, and activities of a municipality; government, council, and legislative processes; operational characteristics, services, and activities of the City Manager’s Office; principles and practices of program development and administration; advanced organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs related to area of assignment; principles and applications of critical thinking and analysis; techniques and formulae for administrative, financial, and comparative analyses; methods and techniques of effective technical, administrative, and financial record keeping, report preparation, and presentation; recent developments, research methods, current literature, and sources of information related municipal government operations; principles and practices of budget preparation; finance and accounting systems; principles of business letter writing; principles of lead supervision and training; English usage, spelling, grammar, and punctuation; principles of effective public relations; office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases; pertinent federal, state, and local laws, codes, and regulations.

Ability to:

Plan, organize, direct, coordinate, and evaluate assigned programs, projects, events, or technical areas; participate in the development and administration of Agenda Item #4.7:

program goals, objectives, and procedures; perform the full range of complex and difficult professional analytical, programmatic, and administrative duties involving the use of independent judgment and personal initiative; collect, evaluate, and interpret varied information and data; research, analyze, and formulate recommendations, work plans, and activities regarding planning, technical, and administrative issues; analyze complex problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals; develop recommendations for problematic areas and implement and monitor changes; prepare clear and concise technical, administrative, and financial reports; understand the organization and operation of the City, assigned program areas, and of outside agencies as necessary to assume assigned responsibilities; understand, interpret, and apply administrative and departmental policies and procedures as well as pertinent federal, state, and local laws, codes, and regulations; properly interpret, ensure compliance with, and make recommendations in accordance with laws, regulations and policies; identify and respond to community and organizational issues, concerns, and needs; coordinate multiple projects and meet critical deadlines; organize and prioritize timelines and project schedules in an effective and timely manner; plan, schedule, and review the work of assigned staff; participate in the preparation and administration of budgets; work under steady pressure with frequent interruptions and a high degree of public contact by phone or in person; exercise good judgment and maintain confidentiality in maintaining critical and sensitive information, records, and reports; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships with those contacted in the course of work.

Skills to:

Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.

Agenda Item #4.7:

CITY OF SONOMA

HUMAN RESOURCES MANAGER

DEFINITION
To plan, organize, direct, and coordinate the activities of Human Resources including Citywide training, organizational development, recruitment and selection, classification and compensation, benefits administration and payroll and personnel actions; to coordinate activities with other departments; and to provide highly complex staff assistance to the City Manager and/or Designee.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the City Manager and/or designee.

May exercise supervision over assigned professional, technical, and administrative support staff.

EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following:

Develop and implement Human Resources goals, objectives, policies, and procedures.

Plan, organize and direct Human Resource activities including recruitment and selection, benefits, and maintenance of the City’s classification and compensation plan.

Direct, oversee and participate in the development of the Human Resources work plan; assign work activities, projects, and programs; monitor workflow; review and evaluate work products, methods, and procedures.

Prepare the Human Resources budget; assist in budget implementation; participate in the forecast of additional funds needed for staffing, equipment, materials, and supplies; administer the approved budget.

Recommend the appointment of personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the department.

Develop, manage, evaluate, and implement the City’s classification and compensation plan, policies, processes, and procedures.

Oversee and assist in the development of recommendations for position allocations; assist in the development of salary and total compensation survey and resultant salary recommendations.

Develop, manage, and implement the City’s training and professional development program by Agenda Item #4.7:

compiling and evaluating information about organizational needs, conducting needs assessments; monitor training programs to ensure consistent presentation of the City’s mission, policies and procedures and quality customer service.

Assist in developing policies and procedures regarding organizational restructuring, training, continuing education, career development, succession planning, process improvement and change management.

Represent Human Resources to outside agencies and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary.

Research and prepare technical and administrative reports; prepare written correspondence.

Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service.

Foster an environment that embraces diversity, integrity, trust, respect, and fun.

Be an integral team player, which involves flexibility, cooperation, and communication.

Perform related duties as assigned.

MINIMUM QUALIFICATIONS
Knowledge of:

Principles and practices of public sector human resources administration to include recruitment and selection, classification and pay, organizational analysis and development, performance management, employee benefits administration, leave management administration, deferred compensation, and public retirement systems.

Principles and practices of employee training development and successful adult learning methods.

Organization, structure, and operations of public sector organizations.

Principles and practices of leadership, motivation, team building and conflict resolution.

Pertinent local, state, and federal rules, regulations, and laws.

Modern office procedures and computer equipment.

Principles and practices of organizational analysis and management.

Agenda Item #4.7:

Budgeting procedures and techniques.

Principles and practices of supervision, training, and personnel management.

Ability to:

Organize and direct the Human Resources division operations, ensuring compliance with City policies and procedures, local, state, and federal laws, and regulations.

On a continuous basis, analyze budget and technical reports; interpret and evaluate staff reports; know laws, regulations, and codes; observe performance and evaluate staff; problem solve department related issues; remember various rules and procedures; and explain and interpret policy.

On a continuous basis, sit at desk and in meetings for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone; write or use a keyboard to communicate through written means; and lift or carry weight of 10 pounds or less.

Organize, implement, and direct the City’s classification and compensation plan; employee and labor relations activities; and comprehensive benefit programs.

Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals.

Gain cooperation through discussion and persuasion.

Interpret and apply City and department policies, procedures, rules, and regulations.

Supervise, train, and evaluate personnel.

Establish and maintain effective working relationships with those contacted in the course of work.

Work with various cultural and ethnic groups in a tactful and effective manner.

Communicate clearly and concisely, both orally and in writing.

Experience and Training
Any combination of experience and training that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:

Agenda Item #4.7:

Experience:

Five years of increasingly responsible experience in Human Resources management, including two years of supervisory responsibility.

Training:

Equivalent to a bachelor’s degree from an accredited college or university with major course work in human resources, business administration, public administration, organizational development, or a related field.

License and Certificate
Possession of a valid California Class C Driver License may be required at the time of appointment. Individuals who do not meet this requirement due to a physical disability will be considered for accommodation on a case-by-case basis.

Agenda Item #4.7:

Exhibt B
A B C D E A B C D E Updated
General
Administrative Clerk 4,235 4,446 4,669 4,902 5,147 50,815 53,356 56,024 58,825 61,766 7/2/2021 Maintenance Worker I 4,512 4,738 4,975 5,223 5,485 54,147 56,854 59,697 62,682 65,816 7/2/2021 Maintenance Worker II 4,963 5,212 5,472 5,746 6,033 59,561 62,539 65,666 68,950 72,397 7/2/2021 Permit Technician I 4,481 4,705 4,941 5,188 5,447 53,775 56,464 59,287 62,251 65,364 7/2/2021 Permit Technician II 4,979 5,228 5,489 5,764 6,052 59,750 62,737 65,874 69,168 72,626 7/2/2021 Administrative Assistant 4,979 5,228 5,490 5,764 6,052 59,750 62,737 65,874 69,168 72,626 7/2/2021 Accounting Technician 5,443 5,715 6,001 6,301 6,616 65,315 68,580 72,009 75,610 79,390 7/2/2021 Management Analyst 5,443 5,715 6,001 6,301 6,616 65,315 68,580 72,009 75,610 79,390 7/2/2021 Senior Maintenance Worker 5,460 5,733 6,019 6,320 6,636 65,518 68,794 72,233 75,845 79,637 7/2/2021 Development Services Supervisor 5,726 6,013 6,313 6,629 6,961 68,718 72,154 75,761 79,549 83,527 7/2/2021 Public Works Supervisor 6,279 6,593 6,922 7,268 7,632 75,345 79,112 83,068 87,221 91,583 7/2/2021 Water Supervisor 6,593 6,922 7,268 7,632 8,013 79,112 83,067 87,221 91,582 96,161 7/2/2021 Environmental Compliance Analyst 6,446 6,768 7,106 7,462 7,835 77,348 81,216 85,276 89,540 94,017 7/2/2021 Sustainability Coordinator 6,446 6,768 7,106 7,462 7,835 77,348 81,216 85,276 89,540 94,017 7/2/2021 Assistant Planner 6,446 6,768 7,106 7,462 7,835 77,348 81,216 85,276 89,540 94,017 7/2/2021 Building Inspector I 6,322 6,639 6,970 7,319 7,685 75,869 79,663 83,646 87,828 92,220 7/2/2021 Building Inspector II 6,952 7,300 7,665 8,048 8,450 83,426 87,597 91,977 96,576 101,405 7/2/2021 Plans Examiner 7,495 7,869 8,263 8,676 9,110 89,935 94,431 99,153 104,110 109,316 7/2/2021 Associate Planner 7,611 7,992 8,391 8,811 9,252 91,335 95,902 100,697 105,732 111,018 7/2/2021 Administrative/Management
Accountant 6,230 6,542 6,869 7,212 7,573 74,761 78,499 82,424 86,545 90,872 7/2/2021 Public Works Administrative and Project Manager 7,468 7,842 8,234 8,645 9,078 89,617 94,098 98,803 103,743 108,930 7/2/2021 Public Works Operations Manager 8,331 9,229 9,691 10,175 10,684 105,477 110,751 116,288 122,103 128,208 7/2/2021 Senior Management Analyst 7,468 7,842 8,234 8,645 9,078 89,617 94,098 98,803 103,743 108,930 7/2/2021 Assistant to the City Manager 7,842 8,234 8,645 9,078 9,531 94,098 98,803 103,743 108,930 114,377 6/15/2022 City Clerk 7,842 8,234 8,645 9,078 9,531 94,098 98,803 103,743 108,930 114,377 6/15/2022 Human Resources Manager 7,842 8,234 8,645 9,078 9,531 94,098 98,803 103,743 108,930 114,377 6/15/2022 Senior Planner 7,842 8,234 8,645 9,078 9,531 94,098 98,803 103,743 108,930 114,377 7/2/2021 Accounting Manager 8,094 8,499 8,924 9,370 9,838 97,128 101,985 107,084 112,438 118,060 7/2/2021 Deputy Finance Director 9,925 10,421 10,942 11,489 12,064 119,097 125,052 131,304 137,870 144,763 7/2/2021 Deputy City Manager 10,242 10,754 11,292 11,856 12,449 122,901 129,046 135,499 142,274 149,387 7/2/2021 Development Services Director/ Building Official 10,242 10,754 11,292 11,856 12,449 122,901 129,046 135,499 142,274 149,387 7/2/2021 Finance Director 10,242 10,754 11,292 11,856 12,449 122,901 129,046 135,499 142,274 149,387 7/2/2021 Planning and Community Services Director 11,000 11,550 12,128 12,734 13,371 132,005 138,605 145,536 152,812 160,453 7/2/2021 Assistant City Manager/ Administrative Services Director 11,713 12,299 12,914 13,559 14,237 140,558 147,586 154,965 162,713 170,849 7/2/2021 Public Works Director/Engineer 11,713 12,299 12,914 13,559 14,237 140,558 147,586 154,965 162,713 170,849 7/2/2021 Executive
City Manager/Exec. Dir CDA 17,992 $ 215,900 7/20/2021
Part-Time Position (Full Time Equivilant)
Administrative Clerk 4,011 4,443 4,665 4,899 5,143 50,779 53,318 55,983 58,783 61,722 7/2/2021 Administrative Assistant 4,976 5,224 5,486 5,760 6,048 59,707 62,693 65,827 69,119 72,575 7/2/2021 Management Analyst 5,439 5,711 5,997 6,296 6,611 65,268 68,532 71,958 75,556 79,334 7/2/2021 Sustainability Coordinator 6,441 6,763 7,101 7,456 7,829 77,293 81,157 85,215 89,476 93,950 7/2/2021 Part Time (Part-Time rates are stated per hour)
Parks Maintenance Worker 19.91 n/a 7/2/2021
Student Intern - College Student 13.50 14.50 15.50 16.50 17.50 1/1/2020 Student Intern - Grad Student 17.50 18.50 19.50 20.50 21.50 1/1/2020 Effective the first full pay period following July 1, 2020 - Additional 3.% COLA to Base Pay Effective the first full pay period following July 1, 2021 - Additional 2.5% COLA to Base Pay Longevity Pay - Employees are eligible to receive longevity based on continuous years of full-time employment according to the dates and rates below:

Completion of 5 years - 2.5% of base salary
Completion of 10 years - additional 2.5% for a total of 5% of base salary Per SEIU MOU/Management Resolutions dated 7/1/19 - 6/30/22 These rates may be modified by publicly approved negotiated benefits under Meyers-Milias Brown Act

CITY OF SONOMA
Effective June 15, 2022
Assignments of Classifications to the Salary Schedule
Schedule A
Monthly Annual
Agenda Item #4.7:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 Jun 2022
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Adopt a Resolution Scheduling a Regular Council Meeting on June 21, 2021 Summary
Due to the possible need for Council consideration of a number of time-sensitive items, Staff is requesting the scheduling of an additional Regular Council meeting on Tuesday, June 21, 2022. By taking this action rather than scheduling a Special Meeting, the City Council will not be limited in the actions they can take (i.e. adopt an Ordinance).

Recommended Council Action
Adopt the Resolution.

Alternative Actions
Council discretion.

Financial Impact
None.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Meeting Addition Resolution
Alignment with Council Goals:

Not Applicable
Compliance with Climate Action 2020 Target Goals:

N/A
CC:
n/a
Agenda Item #4.8:

Agenda Item #4.8:

City of Sonoma
RESOLUTION # ____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA SCHEDULING REGULAR COUNCIL MEETING ON JUNE 21, 2022
WHEREAS, Section 2.01.010 of the Sonoma Municipal Code requires the City Council to establish, by resolution, the date and time of regular Council meetings; and WHEREAS, the City Council adopted their 2022 Meeting Calendar on December 15, 2022; and WHEREAS, due to a number of time-sensitive items that require consideration, it is necessary to schedule an additional regular meeting in June.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma that there will a Regular City Council Meeting scheduled for June 21, 2022.

PASSED, APPROVED AND ADOPTED 15th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Jack Ding, Mayor
ATTEST:
______________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #4.8:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 Jun 2022
Department
Administration
Staff Contact
Sue Casey, Interim City Manager
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Adopt a Resolution Approving an Administrative Policy for Flying Flags on City Property at Half-Mast and an Administrative Policy for the Display of Flags on the Flagpoles Featuring the Seven Flags of Sonoma
Summary
As noted at a recent meeting by the City Attorney the City of Sonoma does not have a Flag Policy. As discussed by the City Attorney, with the recent Supreme Court ruling in the Shurtleff vs City of Boston lawsuit, it is paramount that the City Sonoma adopt a Flag Policy.

Staff is presenting two policies for consideration - 1) Policy for Flying Flags on City Property at Half-Mast; and 2) Policy for the Display of Flags on the Flagpoles Featuring the Seven Flags of Sonoma.

Policy for Flying Flags on City Property at Half-Mast
The purpose of this administrative policy is to establish a uniform policy to govern the flying of the United States, State of California and City of Sonoma flags at half-staff on City-owned property.

Policy for the Display of Flags on the Flagpoles Featuring the Seven Flags of Sonoma The purpose of this administrative policy is to provide a procedure for the vetting of and determination of whether to grant or deny requests to display flags on one or more of the seven flag poles (for purposes of this Policy, these flag poles will be referred to as “historical flagpoles”) installed on the front of City Hall above the Sonoma City Hall sign.

In addition to the historical flagpoles there are two poles at the end of front lawn on either side of the fountain. The flag of the United States of America is flown on one of these poles and the California State Flag and City of Sonoma flag are flown on the other pole. These flag poles are not the subject of this Policy for no other flags are permitted to be flown on those flagpoles
As with any policy, these policies can be reviewed and amended as needed.

Recommended Council Action
Adopt the resolution.

Alternative Actions
Agenda Item #4.9:

Council discretion.

Financial Impact
There are no financial impacts to this action.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution
Exhibit A - Half-Mast Flag Policy
Exhibit B - Seven Flags Policy
Agenda Item #4.9:

City of Sonoma
RESOLUTION #_____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA ESTABLISHING POLICIES FOR THE OUTDOOR DISPLAY OF GOVERNMENTAL AND NONGOVERNMENTAL FLAGS ON CITY PROPERTY WHEREAS, there is a need to establish a uniform policy to govern the flying of the National, State and City flags on City-owned properties at half-mast to pay homage to the deceased; and WHEREAS, the City desires to display flags promoting appropriate public awareness, non-profit organizations and local cultural celebrations under certain circumstances on flagpoles erected on and in front of City Hall for ceremonial purposes; and WHEREAS, in accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, the proposed policies are not subject to CEQA because it can be seen with certainty that there is no possibility that they could have a significant effect on the environment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma as follows:

The City of Sonoma hereby adopts the policies as shown in Exhibits A and B attached hereto.

This Resolution shall be effective immediately upon its adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Sonoma, held on this 15th day of June, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Jack Ding Mayor
ATTEST:

Rebekah Barr, MMC
City Clerk
Agenda Item #4.9:

EXHIBIT A
Administrative Policy for Flying Flags on City Property at Half-Staff Purpose
The purpose of this administrative policy is to establish a uniform policy to govern the flying of the United States, State of California and City of Sonoma flags at half-staff on City-owned property.

General
National, State, and City flags shall be flown on flag poles located at City Hall.

Applicability

1. National flags on City-owned property shall be flown at half-mast upon order of the President of the United States or authorization by the Governor of California, and on designated legal holidays such as Memorial Day.

2. National, State, and/or City flags on City-owned property may also be flown at halfstaff at the direction of the Mayor upon the death of:
• A City Councilmember, past or present;
• A City employee whose death occurred during the discharge of duty; • A City employee or retiree having served the City for 25 or more years; • An Alcalde or Alcaldessa, past or present; or
• A prominent citizen not holding or having held elected public office, whose accomplishments and contributions to the community clearly demonstrated a commitment over and beyond that which would be normally associated with the performance of work.

For the above circumstances, flags will be flown at half-mast as soon as practicable following the notification of a death, and will ordinarily be continued for 48 hours.

Public Notice
The public shall be notified of the reason for flying the National, State, and/or City flags at half-mast, when feasible. This notice may include posting information on the City’s web site.

Agenda Item #4.9:

1 Error! Unknown document property name.

Administrative Policy for
the Display of Flags on the Flagpoles Featuring the Seven Flags of Sonoma
Purpose
The purpose of this administrative policy is to provide a procedure for the vetting of and determination of whether to grant or deny requests to display flags on one or more of the seven flag poles (for purposes of this Policy, these flag poles will be referred to as “historical flagpoles”) installed on the front of City Hall above the Sonoma City Hall sign. Historically, these seven historical flagpoles have been used to display flags (the “seven flags of Sonoma”) that represent the nations and nationalities of persons who played a significant role in the discovery, occupation and governance of the City and County of Sonoma. The City is agreeable to displaying one or more different flags on the historical flagpoles provided that the display of said different flags receives prior, written permission from the City Manager consistent with this Policy.

In addition, there are two City flag poles located in Horseshoe area of the Plaza Park, near the fountain in front of City Hall. Historically, the flag of the United States of America is flown on one of these poles and the California State Flag and City of Sonoma flag are flown on the other pole. These flag poles are not the subject of this Policy for no flags are permitted to be flown on those flagpoles other than those described in this paragraph.

Approval Process

1. City Councilmembers and City residents may file written requests with the City Clerk for the display of one or more flags on the historical flag poles. Except in extenuating circumstances, said requests must be received at least thirty (30) calendar days prior to the proposed date of the display and, should the City resident’s request be approved, the resident must provide the flag for City display. The request must be accompanied by:
a. The reason(s) for the display;
b. The flag design and size;
c. The words appearing on the flag;
d. The time period suggested for display; and
e. Any evidence that the resident is making the request on behalf of an organization.

2. The City Manager has sole discretion to determine whether to display any flag on the historical flag poles different than the seven flags of Sonoma. The City Manager shall have sole discretion to also determine the number of different flags that may be so displayed at one time, how long each such flag may be displayed, what order the different flags may be displayed and on which historical flagpole the different flag(s) may be displayed.

3. The City’s flagpoles are not intended to serve as a forum for free expression by the public.

Agenda Item #4.9:

2 Error! Unknown document property name.

4. The following criteria shall guide the City Manager in exercising his/her discretion in permitting a flag to be displayed pursuant to this Policy. The following flags may be displayed by the City as an expression of the City’s official sentiments:
a. Flags of the governments recognized by the United States may be displayed upon the request of the Mayor, a member of the City Council or the City Manager.
b. The flags of official Sister Cities of Sonoma may be displayed in conjunction with an event involving the Sister City.
c. Other flags may be displayed in conjunction with (1) official, City actions, (2) City ceremonial items or (3) proclamations of the City Council. d. Flags promoting events or organizations which are sponsored by the City. e. Flags symbolizing secular ideas or movements which reflect the values of the City Council and/or the City’s residents.

5. The following flags may not be displayed by the City:
a. Flags promoting profit-making ventures, products or entities. b. Flags which support, refer to or endorse (1) partisan political views on a particular subject or person, (2) a candidate for office, or (3) a ballot measure.

Flag location
This policy only relates to the historical flagpoles in front of City Hall. In addition to the limitations set forth in the second paragraph of this Policy, flags may not be displayed on any other flagpole on City property unless approved in writing by the City Manager.

Agenda Item #4.9:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 Jun 2022
Department
Administration
Staff Contact
Sue Casey, Interim City Manager
Agenda Item Title
Adopt a Resolution of the City Council of the City of Sonoma Establishing the Appropriations Limit for the Fiscal Year 2022-23
Summary
Propositions 4, also known as the Gann initiative, was approved by California voters in 1979 and was revised by Proposition 111 in 1990. These propositions, now Article XIIIB of the California Constitution, require public agencies to adopt an annual appropriations limit.

Appropriations that are subject to this limit (generally, appropriations from proceeds of taxes) may not, with certain exceptions, exceed the appropriations limit.

The appropriations limit is based on a city’s actual appropriations in FY 1978-79, adjusted in each subsequent year by a population factor and cost of living factor. The population factor is the greater percentage change of the city population or the county population. The State of California Department of Finance provides this data on an annual basis.

For purposes of the cost of living factor, Proposition 111 added to Article XIIIB: “Change in the cost of living for an entity of local government, other than a school district or a community college district, shall be either (A) the percentage change in California per capita personal income from the preceding year, OR (B) the percentage change in the local assessment roll from the preceding year for the jurisdiction due to the addition of local non-residential new construction, whichever is greater.” The local assessment roll is the assessed valuation of the jurisdiction.

The change in the appropriations limit is calculated annually by staff from the information provided by the State of California Department of Finance, (Attachment B) as and the percentage change in assessed valuation due to non-residential new construction provided by HdL, the City’s Property Tax consultant, (Attachment C). After the annual appropriations limit is calculated, the appropriations that are subject to the limit are determined. The appropriations limit only applies to appropriations that are funded from proceeds of taxes.

The Fiscal Year 2022-23 appropriations limit was calculated using the Statewide Per Capita Person Income increase of 7.55% and the City-wide population increase of 0.22%. The formula uses a combined adjustment of these two factors which results in the prior year appropriations limit being increased by 7.79%.

Using this percentage, the City of Sonoma’s appropriations limit increased $1,922,416 to $26,600,413. Appropriations that are subject to the limit are $17,899,295, so the City is well under the appropriation limit by $8,701,118. Details of the computations are presented in Attachment A – Appropriations Limit Calculation FY 2022-23.

The proposed resolution confirms the City Council’s selection of the City population change percentage as the population factor and the CA PCI percentage change modifying the Agenda Item #4.10:

Appropriations Limit for the Fiscal Year 2022-23. The proposed resolution establishes the FY 2022-23 Appropriations Limit of $26,600,413, as indicated in Attachment A.

Recommended Council Action
Adopt a Resolution of the City Council of the City of Sonoma Establishing the Appropriations Limit for the Fiscal Year 2022-23.

Alternative Actions
Council Discretion
Financial Impact
N/A
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution Appropriations Limit
Attachment A 2023 Appropriation Limit Tax Calculation
Attachment B St of Cal Price and Population Letter 2022 Attachment C HDL Property Tax Reports Addendum
Agenda Item #4.10:

City of Sonoma
RESOLUTION # _____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2022-23
WHEREAS, Article XIIIB of the California Constitution provides that the total annual Appropriations Subject to Limit of each governmental entity, including this city, shall not exceed the Appropriations Limit of such entity of government, as determined by adjusting the prior fiscal year Appropriations Limit by the greater of the changes in city or county population, combined with the greater of the change in California per capita personal income or the change in the local assessment roll due to the addition of local non-residential construction; and
WHEREAS, pursuant to said Article XIIIB of said California Constitution and Section 7900 et seq., of the California Government Code, the City is required to set its Appropriations Limit annually; and WHEREAS, the Deputy Finance Director of the City of Sonoma has interpreted the technical provisions of said Article XIIIB computations and has caused the numbers upon which the City’s Appropriation limit is based to be calculated; and
WHEREAS, the Fiscal Year 2022-23 Appropriations Limit is calculated using the following:
• The State of California per capital personal income increase determined by the California Department of Finance for the calendar year 2022, 7.55%; and • The City of Sonoma population decrease for the calendar year 2022 as determined by the California Department of Finance, 0.22%.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sonoma that:

1. The annual adjustment factors used to calculate the Fiscal Year 2022-23 Appropriations Limit shall be the change in the State of California per capital personal income increase of

7.55% and the City of Sonoma population increase of 0.22%.

2. The new Appropriations Limit for Fiscal Year 2022-23 shall be and is hereby set in the amount of $26,600,413.

3. The Fiscal Year 2022-23 Adopted Budget appropriations subject to the Appropriations Limit is $17,899,295.

PASSED AND ADOPTED by the City Council of the City of Sonoma at their regular meeting held on the 15th day of June 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Jack Ding, Mayor
ATTEST:
_______________________________
Rebekah Barr, City Clerk
Agenda Item #4.10:

Attachment A
Percent Change Amount
Appropriations limit for fiscal year ended June 30, 2022 $24,677,997 Inflation Factor 1.0755

1.0022
x 1.0779
$26,600,413
Proceeds from Taxes $18,258,729
Less Exclusions (Fed Mandates, Qualified Capital Outlay and Debt Service): (359,434) FY 2022-23 Appropriations Subject to Limit $17,899,295
FY 2022-23 Appropriations Limit $26,600,413
Under/(Over) Fiscal Year 2022-23 Appropriations Limit $8,701,118 Appropriations limit for fiscal year ending June 30, 2023 Adjustment factors:

Appropriations in Fiscal Year 2022-23 Compared to Limit Population Factor
Combined Factor
Calculation of Spending Limit

APPROPRIATION LIMIT WORKSHEET
For the Year Ending June 30, 2023
Agenda Item #4.10:

: http://leginfo.legislature.ca.gov/faces/codes.xhtml.

May 2022
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2022, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2022-23. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2022-23 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.

Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website
Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2022.

Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

KEELY MARTIN BOSLER
Director
By:

ERIKA LI
Chief Deputy Director
Attachment
Agenda Item #4.10:

May 2022
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2022-23 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2022-23 7.55
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2022-23 appropriation limit.
2022-23:

Per Capita Cost of Living Change = 7.55 percent
Population Change = -0.30 percent
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755 100
Population converted to a ratio: -0.30 + 100 = 0.997
100
Calculation of factor for FY 2022-23: 1.0755 x 0.997 = 1.0723 Agenda Item #4.10:

Fiscal Year 2022-23
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022 and Total Population, January 1, 2022 County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Sonoma
Cloverdale
Cotati
Healdsburg
Petaluma
Rohnert Park
Santa Rosa
Sebastopol
Sonoma
Windsor
Unincorporated
-1.37
-1.53
-1.29
-1.36
-0.65
-0.91
-0.41

0.22 -0.73

0.54 9,029
7,512
11,174
59,756
44,287
177,396
7,520
10,755
26,134
130,546
8,905
7,397
11,030
58,945
43,998
175,775
7,489
10,779
25,942
131,253
8,905
7,397
11,030
58,945
43,998
175,775
7,489
10,779
25,942
132,144
County Total -0.54 484,109 481,513 482,404
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

Agenda Item #4.10:

NONRESIDENTIAL NEW CONSTRUCTION

THE CITY OF SONOMA
2019/20 TO 2020/21 TAX YEARS - IN PARCEL NUMBER ORDER
Current Year
Improvements
Prior Year
Parcel Use Category Owner Improvements
Percent
Change
018-141-004-000 Irrigated Sealey Mission Vineyard Llc 638,670 1,725,942 + 170.2% 018-161-017-000 Commercial 1890 Cooperage Llc 1,224,000 1,381,516 + 12.9% 018-202-084-000 Commercial Marino Enterprises Llc 871,219 1,518,643 + 74.3% 018-241-057-000 Commercial Exchange Bank 962,935 1,115,325 + 15.8% 018-411-002-000 Commercial Tranchina Daniel Martin Trust 272,125 900,000 + 230.7% 018-411-018-000 Commercial Pets Lifeline Inc 131,430 175,000 + 33.2% 018-530-038-000 Commercial Kasson Ranch Llc 1,208,707 1,407,161 + 16.4% 127-141-024-000 Commercial Crozat Family Properties Llc 848,966 877,930 + 3.4% 8 Parcels Listed 6,158,052 9,101,517 + 47.8%
This calculation reflects the 2020/21 increase in taxable values for this city due to non-residential new construction as a percentage of the total taxable value Increase (as of the 2020/21 lien year roll date). This percentage may be used as an alternative to the change in California per-capita personal income for calculating a taxing agency's annual adjustment of its Appropriation Limit pursuant to Article XIIIB of the State Constitution as Amended by Proposition 111 in June, 1990.
2,943,465
-123,161
2,820,304
169,224,310

1.67%
Total Change in Non-Residential Valuation Due to New Development Less Automatic 2.000% Assessors's Inflation Adjustment
Actual Change in Non-Residential Valuation
Change in Total Assessed Value
= Alternate 2021/22 Appropriations Limit Factor
Includes taxable primary parcels with known nonresidential use codes, no prior lien year transfers, and improvement value increases greater than 2.0% Change in Total Assessed Value is the assessed value change of the locally assessed secured and unsecured tax rolls .

This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone Data Source: Sonoma County Assessor 2020/21 Secured Tax Rolls Prepared On 3/19/2021 By MV

Agenda Item #4.10:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 Jun 2022
Department
Administration
Staff Contact
Sue Casey, Interim City Manager
Agenda Item Title
Accept the Expenditure Report for the Month of May 2022 Summary
The attached report shows disbursements for the month of May 2022.

Recommended Council Action
Accept report.

Alternative Actions
Council discretion.

Financial Impact
Monthly Payables Report, May 2022
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Monthly Payables Report, May 2022
Agenda Item #4.11:

CITY OF SONOMA

MONTHLY PAYABLES REPORT
May 2022
Vendor No Vendor Name Check Date Check Amount
Check No Invoice No Description Reference
00000215 Boldt Electric Co
98743 9805 Electrical Services 05/24/2022 999.00
999.00
00000262 B.W.S. Distributors Inc
98687 274023 Parts & Supplies 05/17/2022 135.69
273999 Parts & Supplies 05/24/2022 206.70
342.39
00000347 Church's Tree Service
98745 Sponsored Banner Removal/Install 05/24/2022 1,100.00 Sponsored Banner Removal/Install 05/24/2022 1,100.00
2,200.00
00000348 City National Bank
98628 Installment Sale Agreement#12-013, 2001 Water Rev Bonds 05/03/2022 19,110.00 19,110.00
00000374 Code Publishing Inc
98665 GC00116705 Annual Web Fees 05/10/2022 480.00
480.00
00000388 Comcast
98746 May 2022 Communications 05/24/2022 85.41

85.41 00000446 KLH Consulting Inc
98635 144433 Server Storage Expansion 05/03/2022 3,777.31 MSP-144577 DataWatch Services, June 2022 05/03/2022 9,053.25 98673 144657 Billable Time 05/10/2022 1,715.63
144659 Billable Time 05/10/2022 238.02
144660 Billable Time 05/10/2022 787.50
144661 Billable Time 05/10/2022 590.63
144662 Encryption Management Services 05/10/2022 1,520.00 17,682.34
00000469 Department of Justice
98631 571426 Fingerprinting Services 05/03/2022 216.00
98749 577545 Fingerprinting Services 05/24/2022 47.00
263.00
00000477 Dewitt's Tire Recycle and Auto Repair
98666 0066725 Flat Repair 05/10/2022 35.00
98693 0066116 Vehicle Maintenance 05/17/2022 586.34
98750 0066820 Vehicle Maintenance 05/24/2022 137.40
0067432 Vehicle Maintenance 05/24/2022 122.90
881.64
00000527 State of California Employment Development Dept.

Electronic Payment State Income Tax 05/10/2022 536.58
State Income Tax 05/10/2022 4,481.08
State Income Tax 05/10/2022 208.70
Electronic Payment State Income Tax 05/17/2022 4,577.29 State Income Tax 05/17/2022 124.30
State Income Tax 05/17/2022 608.35
10,536.30
00000554 Faustino Enterprises Inc
98751 22959 Vehicle Maintenance 05/24/2022 345.93
23045 Vehicle Maintenance 05/24/2022 361.51
23058 Vehicle Maintenance 05/24/2022 163.39
23090 Vehicle Maintenance 05/24/2022 244.09
1,114.92
00000589 CoreLogic Solutions, LLC
98692 82130332 Assessor Parcel Data Subscription, April 2022 05/17/2022 165.00 165.00
00000597 Fishman Supply Co
98752 1340563 Janitorial Supplies 05/24/2022 572.38
Total for Vendor 00000554 (Faustino Enterprises Inc):

Total for Vendor 00000589 (CoreLogic Solutions, LLC):

Total for Vendor 00000477 (Dewitt's Tire Recycle and Auto Repair):

Total for Vendor 00000527 (State of California Employment Development Dept.):

Total for Vendor 00000215 (Boldt Electric Co):

Total for Vendor 00000262 (B.W.S. Distributors Inc):

Total for Vendor 00000347 (Church's Tree Service):

Total for Vendor 00000348 (City National Bank):

Total for Vendor 00000374 (Code Publishing Inc):

Total for Vendor 00000388 (Comcast):

Total for Vendor 00000446 (KLH Consulting Inc):

Total for Vendor 00000469 (Department of Justice):
1 of 11
Agenda Item #4.11:

1344527 Janitorial Supplies 05/24/2022 460.33
1346591 Janitorial Supplies 05/24/2022 103.92
1346592 Janitorial Supplies 05/24/2022 350.67
1351215 Janitorial Supplies 05/24/2022 708.58
1353979 Janitorial Supplies 05/24/2022 331.92
1354409 Janitorial Supplies 05/24/2022 38.88
2,566.68
00000642 Friedman's Home Improvement - PW
98669 004SOCS02165160 Parts & Supplies 05/10/2022 838.72 004SORT01164934 Parts & Supplies 05/10/2022 261.33
004SORT01164986 Parts & Supplies 05/10/2022 94.44
004SORT01165158 Parts & Supplies 05/10/2022 142.67
004SORT01165176 Parts & Supplies 05/10/2022 11.80
98695 INV14862467 Parts & Supplies 05/17/2022 56.64
INV14862804 Parts & Supplies 05/17/2022 64.11
INV14868239 Parts & Supplies 05/17/2022 207.54
INV14882219 Parts & Supplies 05/17/2022 149.05
INV14899586 Parts & Supplies 05/17/2022 11.80
INV14900037 Parts & Supplies 05/17/2022 23.35
INV14907793 Parts & Supplies 05/17/2022 137.38
INV14908594 Parts & Supplies 05/17/2022 350.83
98696 INV14561938 Parts & Supplies 05/17/2022 28.26
INV14748534 Parts & Supplies 05/17/2022 5.49
INV14751975 Parts & Supplies 05/17/2022 251.62
INV14777609 Parts & Supplies 05/17/2022 46.44
INV14788233 Parts & Supplies 05/17/2022 108.99
INV14811505 Parts & Supplies 05/17/2022 7.32
INV14824474 Parts & Supplies 05/17/2022 22.10
INV14853770 Parts & Supplies 05/17/2022 38.78
INV14859429 Parts & Supplies 05/17/2022 139.48
98697 INV14588868 Parts & Supplies 05/17/2022 87.07
INV14662338 Parts & Supplies 05/17/2022 24.95
INV14668572 Parts & Supplies 05/17/2022 99.80
INV14672190 Parts & Supplies 05/17/2022 45.77
INV14681561 Parts & Supplies 05/17/2022 76.30
INV14693927 Parts & Supplies 05/17/2022 128.97
INV14697504 Parts & Supplies 05/17/2022 195.96
INV14702800 Parts & Supplies 05/17/2022 56.07
INV14708574 Parts & Supplies 05/17/2022 92.91
98698 INV14600797 Parts & Supplies 05/17/2022 24.22
INV14604850 Parts & Supplies 05/17/2022 27.89
INV14618822 Parts & Supplies 05/17/2022 25.63
INV14623423 Parts & Supplies 05/17/2022 93.50
INV14623558 Parts & Supplies 05/17/2022 12.55
INV14624702 Parts & Supplies 05/17/2022 77.08
INV14624772 Parts & Supplies 05/17/2022 388.79
INV14626005 Parts & Supplies 05/17/2022 219.83
98753 CN-315573 Parts & Supplies, Credit 05/24/2022 -3.80 INV14780944 Parts & Supplies 05/24/2022 136.19
INV14926565 Parts & Supplies 05/24/2022 69.47
INV14928558 Parts & Supplies 05/24/2022 59.75
4,937.04
00000829 ICMA RC
Electronic Payment Deferred Comp ICMA Employer 05/10/2022 98.75 Deferred Comp ICMA % 05/10/2022 847.10
Deferred Comp ICMA 05/10/2022 36.25
Deferred Comp ICMA % 05/10/2022 2.98
Deferred Comp ICMA 05/10/2022 2,910.68
Deferred Comp ICMA Employer 05/10/2022 31.26
Deferred Comp ICMA Employer 05/10/2022 583.49
Deferred Comp ICMA 05/10/2022 138.75
Deferred Comp ICMA Employer 05/10/2022 25.00
Electronic Payment Deferred Comp ICMA Employer 05/17/2022 105.00 Deferred Comp ICMA % 05/17/2022 859.00
Deferred Comp ICMA 05/17/2022 2,985.69
Deferred Comp ICMA 05/17/2022 163.75
Deferred Comp ICMA Employer 05/17/2022 31.24
Deferred Comp ICMA Employer 05/17/2022 602.26
Deferred Comp ICMA Employer 05/17/2022 25.00
Deferred Comp ICMA % 05/17/2022 5.95
Deferred Comp ICMA 05/17/2022 36.24
9,488.39
00000833 Ricoh Usa, Inc
98677 106102023 Copier Lease/Maintenance 05/10/2022 212.43 98718 106111223 Copier Lease/Maintenance 05/17/2022 680.65 106111223 Copier Lease/Maintenance 05/17/2022 1,361.30
106111223 Copier Lease/Maintenance 05/17/2022 226.89
98765 106138504 Copier Lease/Maintenance 05/24/2022 300.86 Total for Vendor 00000642 (Friedman's Home Improvement - PW):

Total for Vendor 00000597 (Fishman Supply Co):

Total for Vendor 00000829 (ICMA RC):

Monthly Payables Report, May 2022 2 of 11
Agenda Item #4.11:

2,782.13
00000901 Kaiser Foundation Health Plan
98702 June 2022 Health Benefits, June 2022 05/17/2022 6,618.49 June 2022 Health Benefits, June 2022 05/17/2022 29,120.59 June 2022 Health Benefits, June 2022 05/17/2022 2,004.44 37,743.52
00000917 Kelly Moore Paints
98703 921-00000339994 Paint Supplies 05/17/2022 45.71

45.71 00000971 Larsengines
98756 266063 Parts & Supplies 05/24/2022 308.76
266669 Parts & Supplies 05/24/2022 113.74
273098 Parts & Supplies 05/24/2022 682.37
1,104.87
00001004 Liebert,Cassidy,Whitmore
98637 216465 Legal Services 05/03/2022 1,755.00
1,755.00
00001044 Lynx Technologies
98674 9633 GIS Website Maintenance, April 2022 05/10/2022 500.00 98705 9634 GIS Services, April 2022 05/17/2022 1,495.00 9634 GIS Services, April 2022 05/17/2022 195.00
2,190.00
00001315 Office Depot - City
98639 232163428001 Office Supplies 05/03/2022 108.66
98708 229764283001 Office Supplies, Credit 05/17/2022 -722.65 231590717001 Office Supplies 05/17/2022 52.48
233562139001 Office Supplies 05/17/2022 82.69
235108796001 Office Supplies 05/17/2022 120.36
237234740001 Office Supplies 05/17/2022 256.52
237908734001 Office Supplies 05/17/2022 55.95
238088160001 Office Supplies 05/17/2022 78.02
240945134001 Office Supplies 05/17/2022 92.12
242324401001 Office Supplies 05/17/2022 156.69
98709 226419035002 Office Supplies 05/17/2022 5.84
231603517001 Office Supplies 05/17/2022 5.53
233565047001 Office Supplies 05/17/2022 17.42
235125629001 Office Supplies 05/17/2022 21.96
237234740002 Office Supplies 05/17/2022 3.27
241054476001 Office Supplies 05/17/2022 43.55
98758 233471815001 Office Supplies 05/24/2022 120.05
233509050001 Office Supplies 05/24/2022 13.52
238245098001 Office Supplies 05/24/2022 206.75
238245112001 Office Supplies 05/24/2022 89.22
239447393001 Office Supplies 05/24/2022 33.78
239509699001 Office Supplies 05/24/2022 285.57
24094827001 Office Supplies 05/24/2022 69.48
1,196.78
00001323 O'Reilly Auto Parts
98710 2599-292079 Supplies 05/17/2022 104.98
104.98
00001333 Pacific Telemanagement Services
98759 2084580 Payphone 05/24/2022 53.00
2086326 Payphone 53.00
106.00
00001370 CalPERS
Electronic Payment CalPERS 05/10/2022 400.19
CalPERS cost sharing 05/10/2022 260.16
CalPERS City Contribution 05/10/2022 9,324.86
CalPERS cost sharing 05/10/2022 84.13
PERS Survivor Benefit 05/10/2022 30.19
CalPERS City Contribution 05/10/2022 449.05
CalPERS cost sharing 05/10/2022 1,724.48
PERS Survivor Benefit 05/10/2022 1.62
CalPERS City Contribution 05/10/2022 1,241.75
CalPERS 05/10/2022 8,409.47
CalPERS 05/10/2022 1,247.21
PERS Survivor Benefit 05/10/2022 5.39
Electronic Payment CalPERS 05/17/2022 240.70
PERS Survivor Benefit 05/17/2022 1.62
CalPERS cost sharing 05/17/2022 281.00
CalPERS City Contribution 05/17/2022 9,616.57
CalPERS City Contribution 05/17/2022 249.44
Total for Vendor 00001044 (Lynx Technologies):

Total for Vendor 00001315 (Office Depot - City):

Total for Vendor 00001323 (O'Reilly Auto Parts):

Total for Vendor 00001333 (Pacific Telemanagement Services):

Total for Vendor 00000833 (Ricoh Usa, Inc):

Total for Vendor 00000901 (Kaiser Foundation Health Plan):

Total for Vendor 00000917 (Kelly Moore Paints):

Total for Vendor 00000971 (Larsengines):

Total for Vendor 00001004 (Liebert,Cassidy,Whitmore):

Monthly Payables Report, May 2022 3 of 11
Agenda Item #4.11:

PERS Survivor Benefit 05/17/2022 5.67
CalPERS 05/17/2022 1,348.14
PERS Survivor Benefit 05/17/2022 30.84
CalPERS 05/17/2022 8,713.85
CalPERS cost sharing 05/17/2022 1,787.81
CalPERS cost sharing 05/17/2022 50.33
CalPERS City Contribution 05/17/2022 1,321.54
46,826.01
00001376 Peterson Mechanical Inc
98711 20839 Vehicle Maintenance 05/17/2022 545.00
98761 20734 Install Mitsubishi Ductless System 05/24/2022 11,500.00 21102 HVAC Services 05/24/2022 330.00
21231 HVAC Services 05/24/2022 945.00
13,320.00
00001430 Colleen Pratt
98640 Reimbursement Mileage 05/03/2022 40.60

40.60 00001449 Public Agency Retirement Services
98713 49937 Defined Benefit, December 2021 05/17/2022 300.00 50598 Defined Benefit, March 2022 05/17/2022 300.00
600.00
00001457 Quincy Engineering Inc
98716 11-S241.00-14 Engineering Services 05/17/2022 667.22 667.22
00001493 REMIF
98764 June 2022 Employee Assistance Program, June 2022 05/24/2022 10.79 June 2022 Employee Assistance Program, June 2022 05/24/2022 1.42 June 2022 Employee Assistance Program, June 2022 05/24/2022 6.11 June 2022 Employee Assistance Program, June 2022 05/24/2022 17.61 June 2022 Employee Assistance Program, June 2022 05/24/2022 11.08 June 2022 Employee Assistance Program, June 2022 05/24/2022 10.08 June 2022 Employee Assistance Program, June 2022 05/24/2022 12.78 June 2022 Employee Assistance Program, June 2022 05/24/2022 19.03 June 2022 Employee Assistance Program, June 2022 05/24/2022 4.12 June 2022 Employee Assistance Program, June 2022 05/24/2022 4.40 June 2022 Employee Assistance Program, June 2022 05/24/2022 1.70 June 2022 Employee Assistance Program, June 2022 05/24/2022 5.11 June 2022 Employee Assistance Program, June 2022 05/24/2022 0.85 June 2022 Employee Assistance Program, June 2022 05/24/2022 5.68 110.76
00001554 SCLECA
98721 2022 Annual Membership Dues 05/17/2022 200.00
200.00
00001564 Sebastiani Building Investors
98645 June 2022 Monthly lease payment 05/03/2022 5,990.00 5,990.00
00001568 SEIU Local 1021
98684 Union Dues 05/10/2022 358.36
Union Dues 05/10/2022 25.08
Union Dues 05/10/2022 70.15
98739 Union Dues 05/17/2022 85.97
Union Dues 05/17/2022 441.20
Union Dues 05/17/2022 4.66
985.42
00001627 Sonoma Auto Parts
98723 784819 Parts & Supplies 05/17/2022 313.15
98766 776434 Parts & Supplies 05/24/2022 108.87
776984 Parts & Supplies 05/24/2022 1.75
423.77
00001636 Sonoma County Sheriff's Office
98648 9432 Law Enforcement Contract Services, March 2022 05/03/2022 524,287.09 524,287.09
00001637 Sonoma County Water Agency
98725 22290 Monthly Water Purchases 05/17/2022 149,634.71 149,634.71
00001639 The Sonoma Index-Tribune
98657 Renewal 12 Month Subscription 05/03/2022 182.00
182.00
Total for Vendor 00001627 (Sonoma Auto Parts):

Total for Vendor 00001636 (Sonoma County Sheriff's Office):

Total for Vendor 00001568 (SEIU Local 1021):

Total for Vendor 00001564 (Sebastiani Building Investors):

Total for Vendor 00001554 (SCLECA):

Total for Vendor 00001493 (REMIF):

Total for Vendor 00001457 (Quincy Engineering Inc):

Total for Vendor 00001449 (Public Agency Retirement Services):

Total for Vendor 00001430 (Colleen Pratt):

Total for Vendor 00001370 (CalPERS):

Total for Vendor 00001376 (Peterson Mechanical Inc):

Total for Vendor 00001637 (Sonoma County Water Agency):

Total for Vendor 00001639 (The Sonoma Index-Tribune):

Monthly Payables Report, May 2022 4 of 11
Agenda Item #4.11:

00001644 Sonoma Paint Center Inc
98728 00301986 Paint Supplies 05/17/2022 621.30
98767 00302892 Paint Supplies 05/24/2022 75.81
00303141 Paint Supplies 05/24/2022 128.08
00303651 Paint Supplies 05/24/2022 128.08
00303974 Paint Supplies 05/24/2022 128.08
1,081.35
00001665 Sonoma Community Center
98647 June 2022 FY21-22 City Sponsorship/Service Contract 05/03/2022 3,333.33 3,333.33
00001673 Sonoma Valley Chamber of Commerce
98650 June 2022 Business & Economic Vitality Services, FY21-22 05/03/2022 10,416.66 10,416.66
00001680 Sonoma County Tax Collector
98679 018-071-008-000 FY21-22, Property Tax, 2nd Installment 05/10/2022 3,133.00 018-121-015-000 FY21-22, Property Tax, 2nd Installment 05/10/2022 642.60 018-131-006-000 FY21-22, Property Tax, 2nd Installment 05/10/2022 742.21 018-131-026-000 FY21-22, Property Tax, 2nd Installment 05/10/2022 642.60 018-131-027-000 FY21-22, Property Tax, 2nd Installment 05/10/2022 1,887.80 018-171-026-000 FY21-22, Property Tax, 2nd Installment 05/10/2022 642.60 018-214-001-000 FY21-22, Property Tax, 2nd Installment 05/10/2022 2,709.63 018-221-036-000 FY21-22, Property Tax, 2nd Installment 05/10/2022 642.60 018-291-043-000 FY21-22, Property Tax, 2nd Installment 05/10/2022 1,962.51 13,005.55
00001685 Sonoma Valley Visitors Bureau
98655 June 2022 FY21-22, Monthly Payment Per Contract 05/03/2022 8,333.33 8,333.33
00001705 Sonoma Ecology Center
98649 June 2022 FY21-22 City Sponsorship/Service Contract 05/03/2022 2,083.33 98726 28711-76 Maintenance & Management, Nathanson Oxbow & Demo Garden 05/17/2022 2,815.00 28714-77 Maintenance & Management, Nathanson Oxbow & Demo Garden 05/17/2022 3,742.85 28838-947 Maintenance & Management, Nathanson Oxbow & Demo Garden 05/17/2022 7,884.81 29071 Maintenance & Management, Nathanson Oxbow & Demo Garden 05/17/2022 3,450.19 19,976.18
00001744 State Water Resources Control Board
98770 WD-0200113 FY21-22, Annual Waste Discharge Fees 05/24/2022 323.00 323.00
00001812 The Rental Place
98681 465849-4 Supplies 05/10/2022 84.41
98730 461713-4 Supplies 05/17/2022 65.37
98772 460974-4 Rental Supplies 05/24/2022 33.60
468095-4 Rental Supplies 05/24/2022 21.65
205.03
00001883 Universal Building Services
98733 2022-0301 Janitorial Services, March 2022 05/17/2022 945.00 2022-0301 Janitorial Services, March 2022 05/17/2022 149.00 2022-0301 Janitorial Services, March 2022 05/17/2022 149.00 2022-0301 Janitorial Services, March 2022 05/17/2022 2,298.00 2022-0301 Janitorial Services, March 2022 05/17/2022 149.00 3,690.00
00001893 U.S. Bank Corp Payment System
98731 Stmnt 4.11.22 Monthly Credit Card Purchases 05/17/2022 9,205.11 9,205.11
00001895 U.S. Bank PARS Acct #6746022400
98685 PARS 05/10/2022 31.14
98740 PARS 05/17/2022 31.14

62.28 00001912 Verizon Wireless
98683 9904141102 Wireless Communications 05/10/2022 468.44 468.44
00001920 Vintage House
98659 June 2022 City Sponsorship/Service Contract 05/03/2022 3,333.33 98775 Alcalde Reception 05/24/2022 700.00
4,033.33
00001928 Boys and Girls Clubs of Sonoma Valley
98627 June 2022 FY21-22, City Sponsorship/Service Contract 05/03/2022 4,583.33 Total for Vendor 00001895 (U.S. Bank PARS Acct #6746022400):

Total for Vendor 00001812 (The Rental Place):

Total for Vendor 00001883 (Universal Building Services):

Total for Vendor 00001893 (U.S. Bank Corp Payment System):

Total for Vendor 00001912 (Verizon Wireless):

Total for Vendor 00001920 (Vintage House):

Total for Vendor 00001644 (Sonoma Paint Center Inc):

Total for Vendor 00001665 (Sonoma Community Center):

Total for Vendor 00001673 (Sonoma Valley Chamber of Commerce):

Total for Vendor 00001680 (Sonoma County Tax Collector):

Total for Vendor 00001705 (Sonoma Ecology Center):

Total for Vendor 00001744 (State Water Resources Control Board):

Total for Vendor 00001685 (Sonoma Valley Visitors Bureau):

Monthly Payables Report, May 2022 5 of 11
Agenda Item #4.11:

4,583.33
00001944 Watersavers Irrigation
98735 2596961-00 Supplies 05/17/2022 235.21
98777 2620529-00 Parts & Supplies 05/24/2022 634.91
870.12
00001975 Wilson's Locksmith
98736 42035 Vehicle Maintenance 05/17/2022 7.52
42177 Vehicle Maintenance 05/17/2022 17.99

25.51 00001989 GHD
98632 380-0007430 Engineering Services, On Call Services 05/03/2022 1,704.27 380-0007430 Engineering Services, On Call Services 05/03/2022 200.50 380-0007954 Engineering Services, Fire Flow Project 05/03/2022 11,644.14 380-0010308 Engineering Services, 2020 Fire Flow Improv. Project 05/03/2022 2,978.00 380-0011032 Engineering Services 05/03/2022 11,692.39
28,219.30
2332 U.S. Department of the Treasury
Electronic Payment Federal Income Tax 05/10/2022 1,722.98 Medicare Employer Portion 05/10/2022 253.24
Medicare Employee Portion 05/10/2022 77.57
Medicare Employee Portion 05/10/2022 1,646.94
Medicare Employee Portion 05/10/2022 253.24
Medicare Employer Portion 05/10/2022 77.57
Federal Income Tax 05/10/2022 614.65
Federal Income Tax 05/10/2022 12,251.59
Medicare Employer Portion 05/10/2022 1,646.94
Electronic Payment Federal Income Tax 05/17/2022 358.83 Medicare Employee Portion 05/17/2022 276.80
Medicare Employer Portion 05/17/2022 44.90
Medicare Employer Portion 05/17/2022 276.80
Medicare Employee Portion 05/17/2022 1,697.25
Medicare Employer Portion 05/17/2022 1,697.25
Federal Income Tax 05/17/2022 12,566.71
Medicare Employee Portion 05/17/2022 44.90
Federal Income Tax 05/17/2022 1,922.00
37,430.16
2348 Bolt
98744 45280 Temporary Staffing, W/E 3/.11.22 05/24/2022 109.65 45280 Temporary Staffing, W/E 3/.11.22 05/24/2022 555.56 45280 Temporary Staffing, W/E 3/.11.22 05/24/2022 665.21 45280 Temporary Staffing, W/E 3/.11.22 05/24/2022 712.72 45280 Temporary Staffing, W/E 3/.11.22 05/24/2022 222.96 45778 Temporary Staffing, W/E 4.15.22 05/24/2022 694.45 45778 Temporary Staffing, W/E 4.15.22 05/24/2022 73.10
45778 Temporary Staffing, W/E 4.15.22 05/24/2022 694.45 45893 Temporary Staffing, W/E 4.22.22 05/24/2022 677.09 45893 Temporary Staffing, W/E 4.22.22 05/24/2022 71.27
45893 Temporary Staffing, W/E 4.22.22 05/24/2022 677.09 45894 Temporary Staffing, W/E 4.22.22 05/24/2022 301.15 45894 Temporary Staffing, W/E 4.22.22 05/24/2022 301.95 45894 Temporary Staffing, W/E 4.22.22 05/24/2022 31.70
46010 Temporary Staffing, W/E 4.29.22 05/24/2022 73.10
46010 Temporary Staffing, W/E 4.29.22 05/24/2022 694.45 46010 Temporary Staffing, W/E 4.29.22 05/24/2022 694.45 46011 Temporary Staffing, W/E 4.29.22 05/24/2022 365.50 46011 Temporary Staffing, W/E 4.29.22 05/24/2022 548.25 46011 Temporary Staffing, W/E 4.29.22 05/24/2022 548.25 46135 Temporary Staffing, W/E 5.6.22 05/24/2022 73.10
46135 Temporary Staffing, W/E 5.6.22 05/24/2022 694.45
46135 Temporary Staffing, W/E 5.6.22 05/24/2022 694.45
46136 Temporary Staffing, W/E 5.6.22 05/24/2022 555.56
46136 Temporary Staffing, W/E 5.6.22 05/24/2022 58.48
46136 Temporary Staffing, W/E 5.6.22 05/24/2022 555.56
46257 Temporary Staffing, W/E 5.13.22 05/24/2022 694.45 46257 Temporary Staffing, W/E 5.13.22 05/24/2022 694.45 46257 Temporary Staffing, W/E 5.13.22 05/24/2022 73.10
46258 Temporary Staffing, W/E 5.15.22 05/24/2022 694.45 46258 Temporary Staffing, W/E 5.15.22 05/24/2022 694.45 46258 Temporary Staffing, W/E 5.15.22 05/24/2022 73.10
14,267.95
2349 Kone Inc
98754 962169291 Elevator Maintenance 05/24/2022 298.86
298.86
2352 BPXpress
Total for Vendor 2349 (Kone Inc):

Total for Vendor 2348 (Bolt):

Total for Vendor 2332 (U.S. Department of the Treasury):

Total for Vendor 00001928 (Boys and Girls Clubs of Sonoma Valley):

Total for Vendor 00001944 (Watersavers Irrigation):

Total for Vendor 00001975 (Wilson's Locksmith):

Total for Vendor 00001989 (GHD):

Monthly Payables Report, May 2022 6 of 11
Agenda Item #4.11:

98664 BEN-19648 Printing Services 05/10/2022 181.46
181.46
2383 Madolyn Agrimonti
98625 Reimbursement Mileage 05/03/2022 34.80
Reimbursement Supplies 05/03/2022 167.81
98662 Reimbursement Mileage Reimbursement 05/10/2022 34.80 98686 Reimbursement Supplies 05/17/2022 25.00
262.41
2390 Wine Country Sanitary
98779 T-29658 FB Sanitary Rental Stations 05/24/2022 297.70 297.70
2451 Department of Health Care Services
98748 SFY12/13, GEMT Supplemental Payment 05/24/2022 1,362.73 1,362.73
2458 United Rentals (North America)
98732 203796759-001 Parts & Supplies 05/17/2022 497.82
203796759-001 Parts & Supplies 05/17/2022 157.50
203796759-001 Parts & Supplies 05/17/2022 157.50
812.82
2463 ER Plumbing Inc
98694 16539 Plumbing Services 05/17/2022 268.82
268.82
2470 Coggins Fence and Supply
98690 26105 Fence Maintenance 05/17/2022 1,649.00
26105 Fence Maintenance 05/17/2022 2,038.38
3,687.38
2513 Sonoma Valley Pest Control
98769 2165750 Pest Control Services 05/24/2022 85.00
2166488 Pest Control Services 05/24/2022 85.00
170.00
2592 County of Sonoma-Fire Prevention & Hazmat Division 98747 IN0263450 2021 Hazardous Materials/Waste Fee 05/24/2022 657.00 IN0313396 2021 Hazardous Materials/Waste Fee 05/24/2022 692.00 1,349.00
2608 Robert Sanders & Co
98720 70219 Sign Fabrication Services 05/17/2022 406.87 406.87
2622 US Bank Voyager Fleet Sys
98682 8693802532218 Fuel 05/10/2022 1,314.45
98734 8693322052213 Fuel 05/17/2022 192.26
8693322052213 Fuel 05/17/2022 4,085.60
8693322052213 Fuel 05/17/2022 544.52
8693322052213 Fuel 05/17/2022 603.70
8693322052213 Fuel 05/17/2022 492.96
8693322052213 Fuel 05/17/2022 80.25
7,313.74
2774 Staples Advantage
98656 3502685613 Office Supplies 05/03/2022 47.00
3502685614 Office Supplies 05/03/2022 72.52
3502749533 Office Supplies 05/03/2022 -72.52

47.00 2838 Frye's Printing Inc
98670 22-35797 Business Cards 05/10/2022 218.58
98699 22-35903 Note Cards & Envelopes 05/17/2022 177.84 396.42
2841 Bay Area Air Quality Management District
98689 T136824 Annual Permit Renewal 05/17/2022 463.50
T136824 Annual Permit Renewal 05/17/2022 463.50
927.00
2847 Employee Relations, Inc.
98668 92711 Professional Services 05/10/2022 43.24
92711 Professional Services 05/10/2022 43.24
92711 Professional Services 05/10/2022 43.25
92711 Professional Services 05/10/2022 43.24
172.97
Total for Vendor 2451 (Department of Health Care Services):

Total for Vendor 2458 (United Rentals (North America)):

Total for Vendor 2463 (ER Plumbing Inc):

Total for Vendor 2470 (Coggins Fence and Supply):

Total for Vendor 2513 (Sonoma Valley Pest Control):

Total for Vendor 2592 (County of Sonoma-Fire Prevention & Hazmat Division):

Total for Vendor 2608 (Robert Sanders & Co):

Total for Vendor 2622 (US Bank Voyager Fleet Sys):

Total for Vendor 2774 (Staples Advantage):

Total for Vendor 2383 (Madolyn Agrimonti):

Total for Vendor 2390 (Wine Country Sanitary):

Total for Vendor 2352 (BPXpress):

Total for Vendor 2838 (Frye's Printing Inc):

Total for Vendor 2841 (Bay Area Air Quality Management District):

Total for Vendor 2847 (Employee Relations, Inc.):

Monthly Payables Report, May 2022 7 of 11
Agenda Item #4.11:

2883 Republic Services of Sonoma County
98717 3871-000025360 Waste/Recycling Services 05/17/2022 51.60 3871-000025360 Waste/Recycling Services 05/17/2022 171.12 3871-000025360 Waste/Recycling Services 05/17/2022 45.57 3871-000025722 Waste/Recycling Services 05/17/2022 235.26 503.55
2995 Ready Refresh
98641 12C0028300440 Water Delivery/Cooler Rental 05/03/2022 184.14 98676 02D0032628554 Water Delivery/Cooler Rental 05/10/2022 46.59 230.73
3003 County of Sonoma Information Systems
98630 ISD-0000028465 Telephone Line/Usage Charges, March 2022 05/03/2022 887.45 ISD-0000028483 Records Storage Charges, March 2022 05/03/2022 9.00 896.45
3024 HdL Coren and Cone
98633 SIN016561 Contract Services Property Tax: April - June 2022 05/03/2022 2,174.85 2,174.85
3039 Page and Turnbull
98760 22694 Professional Services, October 2021 05/24/2022 1,380.00 22864 Professional Services, November 2021 05/24/2022 3,860.00 22928 Professional Services, December 2021 05/24/2022 1,480.00 23026 Professional Services, January 2022 05/24/2022 1,620.00 23255 Professional Services, March 2022 05/24/2022 552.50 23397 Professional Services, April 2022 05/24/2022 50.05 8,942.55
3042 Sonoma Embroidery
98727 3754 Embroidery Services 05/17/2022 99.28

99.28 3135 RJMS Corporation dba Toyota Material Handling Northern California 98773 BLF352 Vehicle Maintenance 05/24/2022 389.75
389.75
3159 Sonoma Valley Historical Society
98653 Refund Application, Rental, Damage Deposit Fee Refund 05/03/2022 731.00 Refund Application, Rental, Damage Deposit Fee Refund 05/03/2022 50.00 781.00
3261 Maselli & Sons, Inc.
98706 075877 Parts & Supplies 05/17/2022 536.52
075877 Parts & Supplies 05/17/2022 188.27
724.79
3291 Sonoma Valley Community Communications
98651 6866 Filming & Broadcast Services 05/03/2022 500.00 500.00
3330 Ricoh USA, Inc
98642 5064267798 Copier Lease/Maintenance 05/03/2022 119.39 98719 5064510873 Copier Lease/Maintenance 05/17/2022 118.50 237.89
3343 Metro Mobile Communications
98638 46280 BMW Motorcycle Saddle Bag 05/03/2022 415.33 415.33
3402 The Bank of New York Mellon Trust Company
Electronic Payment 2021TABS SONOMA CDA 2021 TABS 05/10/2022 139,628.00 Electronic Payment 2015TABS SONOMA CDA 2015 TABS 05/27/2022 250,625.00 2015TABS SONOMA CDA 2015 TABS 05/27/2022 615,000.00
1,005,253.00
3409 PR Diamond Products
98712 0061578-IN Supplies 05/17/2022 1,210.00
0061587-IN Supplies 05/17/2022 955.00
0061594-IN Supplies 05/17/2022 75.00
2,240.00
3435 Kingsley Bogard LLP
98672 26934 Legal Services, March 2022 05/10/2022 811.80 811.80
3445 RingCentral Inc
98643 CD_000392547 Communications 05/03/2022 1,786.45
1,786.45
Total for Vendor 3330 (Ricoh USA, Inc):

Total for Vendor 3261 (Maselli & Sons, Inc.):

Total for Vendor 3291 (Sonoma Valley Community Communications):

Total for Vendor 3159 (Sonoma Valley Historical Society):

Total for Vendor 3135 (RJMS Corporation dba Toyota Material Handling Northern California):

Total for Vendor 3042 (Sonoma Embroidery):

Total for Vendor 2883 (Republic Services of Sonoma County):

Total for Vendor 2995 (Ready Refresh):

Total for Vendor 3003 (County of Sonoma Information Systems):

Total for Vendor 3024 (HdL Coren and Cone):

Total for Vendor 3039 (Page and Turnbull):

Total for Vendor 3343 (Metro Mobile Communications):

Total for Vendor 3402 (The Bank of New York Mellon Trust Company):

Total for Vendor 3409 (PR Diamond Products):

Total for Vendor 3435 (Kingsley Bogard LLP):

Total for Vendor 3445 (RingCentral Inc):

Monthly Payables Report, May 2022 8 of 11
Agenda Item #4.11:

3463 Pure Water Partners LLC
98714 891957 Water Delivery/Cooler Rental 05/17/2022 183.51 98762 899160 Water Delivery/Cooler Rental 05/24/2022 163.51 347.02
3665 Moe Engineering, Inc.
98707 2022133 Engineering Services, 1211 Broadway, PL1211 05/17/2022 607.75 2022134 Engineering Services, 369 W Napa St, 140046 05/17/2022 485.75 2022135 Engineering Services, AT&T Utility Bore Replacement 05/17/2022 7,480.00 98757 2022136 Engineering Services, PN140068, 19910 5th St W 05/24/2022 3,346.75 11,920.25
3670 Ron Wellander
98660 Reimbursement Reimbursement 05/03/2022 237.97
237.97
3710 Sonoma Valley Field of Dreams
98652 June 2022 Monthly Payment, Athletic Field Maintenance/Ops 05/03/2022 2,083.33 June 2022 Monthly Payment, Athletic Field Maintenance/Ops 05/03/2022 1,250.00 3,333.33
3717 HdL Software LLC
98700 SIN016607 Payment Services, February 2022 05/17/2022 656.98 656.98
3728 Shred-It USA
98646 Shredding Services 05/03/2022 10.15
98722 8001498111 Shredding Services 05/17/2022 65.84

75.99 3778 Quadient Finance USA, Inc.
98715 Stmnt 05.01.22 Postage 05/17/2022 1,000.00
1,000.00
3792 Sonoma Valley Music
98654 FM22-002 Music Booking Services, Farmers Market 05/03/2022 2,280.00 98768 FM22-001 Sound Services, Insurance, Farmers Market 05/24/2022 696.94 FM22-005 Sound Services, Farmers Market 05/24/2022 900.00 3,876.94
3810 Sonoma County Recorder
98724 22-26225 Filing Fees 05/17/2022 50.00

50.00 4023 Comcast
98691 144936640 Communications 05/17/2022 1,600.00
1,600.00
4042 waterTALENT, LLC
98778 3211 Temporary Staffing, W/E 4.17.22 05/24/2022 7,915.63 3220 Temporary Staffing, W/E 4.24.22 05/24/2022 5,960.00 3230 Temporary Staffing, W/E 5.1.22 05/24/2022 6,854.00 3238 Temporary Staffing, W/E 5.8.22 05/24/2022 5,289.50 3249 Temporary Staffing, W/E 5.15.22 05/24/2022 7,245.13 33,264.26
4055 Carmela Mondello Hobaugh
98738 PR Batch 05/17/2022 500.00
500.00
4056 Larbre Well Drilling & Pumps Inc
98755 0062145-IN Reinstalled Motor 05/24/2022 1,021.75
1,021.75
4060 Tax Collector of Sonoma County
98729 DMV Parking Citations 7/21 to 4/22 05/17/2022 5,380.00 5,380.00
4068 Municipal Resource Group, LLC
98675 03-22-190 Financial Consulting Services 05/10/2022 1,600.00 1,600.00
4083 Rush Services, LLC
98644 6989965 Professional Services 05/03/2022 250.00
250.00
4096 Uline
98774 148235927 Parts & Supplies 05/24/2022 171.94
148235927 Parts & Supplies 05/24/2022 45.06
Total for Vendor 4042 (waterTALENT, LLC):

Total for Vendor 4023 (Comcast):

Total for Vendor 3792 (Sonoma Valley Music):

Total for Vendor 3810 (Sonoma County Recorder):

Total for Vendor 3710 (Sonoma Valley Field of Dreams):

Total for Vendor 3717 (HdL Software LLC):

Total for Vendor 3728 (Shred-It USA):

Total for Vendor 3778 (Quadient Finance USA, Inc.):

Total for Vendor 3463 (Pure Water Partners LLC):

Total for Vendor 3665 (Moe Engineering, Inc.):

Total for Vendor 3670 (Ron Wellander):

Total for Vendor 4055 (Carmela Mondello Hobaugh):

Total for Vendor 4056 (Larbre Well Drilling & Pumps Inc):

Total for Vendor 4060 (Tax Collector of Sonoma County):

Total for Vendor 4068 (Municipal Resource Group, LLC):

Total for Vendor 4083 (Rush Services, LLC):

Monthly Payables Report, May 2022 9 of 11
Agenda Item #4.11:

217.00
4104 Bartley Pump PM LLC
98742 65775 Pumping Services 05/24/2022 4,509.69
4,509.69
4109 Jerry Ruth Wheeler
98661 June 2022 Contract Services 05/03/2022 3,100.00
3,100.00
4161 The Backflow Guy, Inc.
98771 17582 Backflow Testing Services 05/24/2022 1,014.00 17582 Backflow Testing Services 05/24/2022 342.00
17582 Backflow Testing Services 05/24/2022 1,602.00
17582 Backflow Testing Services 05/24/2022 997.00
17582 Backflow Testing Services 05/24/2022 728.00
4,683.00
4176 J.G. Tucker & Son, Inc.
98701 17595 Safety Parts & Equipment 05/17/2022 1,073.43 1,073.43
4220 Interwest Consulting Group, Inc.
98671 76775 Temporary Staffing, February 2022 05/10/2022 2,375.00 76775 Temporary Staffing, February 2022 05/10/2022 3,562.50 76775 Temporary Staffing, February 2022 05/10/2022 2,375.00 76775 Temporary Staffing, February 2022 05/10/2022 3,562.50 77458 Temporary Staffing, March 2022 05/10/2022 3,097.00 77458 Temporary Staffing, March 2022 05/10/2022 4,645.50 77458 Temporary Staffing, March 2022 05/10/2022 3,097.00 77458 Temporary Staffing, March 2022 05/10/2022 4,645.50 27,360.00
4231 Rise Housing Solutions, Inc.
98678 Sonoma - 002 Professional Services 05/10/2022 6,540.00 6,540.00
4234 Luke Clark Tyler
98629 Uniform Application Refund 05/03/2022 852.00
852.00
4238 Susan Leonard
98636 Refund Damage Deposit Refund 05/03/2022 300.00
300.00
4239 Javier Villanueva-Meyer
98658 Refund Deposit Release 05/03/2022 1,095.00
1,095.00
4240 Karen Barnes
98626 Rebate Turf Removal Rebate 05/03/2022 1,000.00
1,000.00
4241 Tisha Jefferson Tell
98634 Refund Damage Deposit Fee Refund 05/03/2022 300.00 300.00
4242 Barbara Talbot
98680 Refund Deposit Refund, Application Withdrawn 05/10/2022 1,338.00 1,338.00
4243 Dynamic Dyzne Associates, Inc.
98667 2022-5114-01 Professional Services, February 2022 05/10/2022 5,964.37 2022-5114-02 Professional Services, March 2022 05/10/2022 3,705.02 9,669.39
4246 Andrew Hening Consulting LLC
98663 SOM-1 Professional Services, April 2022 05/10/2022 3,237.50 3,237.50
4247 Sandra Lowe
98704 Reimbursement Supplies 05/17/2022 52.86

52.86 4248 Todd Ballenger
98688 Refund Deposit Refund, Application Not Required 05/17/2022 1,995.00 1,995.00
4249 Jeffrey Walter
98776 Reimbursement Municipal Law Handbook 05/24/2022 502.76 Total for Vendor 4240 (Karen Barnes):

Total for Vendor 4239 (Javier Villanueva-Meyer):

Total for Vendor 4238 (Susan Leonard):

Total for Vendor 4231 (Rise Housing Solutions, Inc.):

Total for Vendor 4234 (Luke Clark Tyler):

Total for Vendor 4220 (Interwest Consulting Group, Inc.):

Total for Vendor 4161 (The Backflow Guy, Inc.):

Total for Vendor 4176 (J.G. Tucker & Son, Inc.):

Total for Vendor 4109 (Jerry Ruth Wheeler):

Total for Vendor 4104 (Bartley Pump PM LLC):

Total for Vendor 4241 (Tisha Jefferson Tell):

Total for Vendor 4242 (Barbara Talbot):

Total for Vendor 4243 (Dynamic Dyzne Associates, Inc.):

Total for Vendor 4246 (Andrew Hening Consulting LLC):

Total for Vendor 4247 (Sandra Lowe):

Total for Vendor 4248 (Todd Ballenger):

Total for Vendor 4096 (Uline):

Monthly Payables Report, May 2022 10 of 11
Agenda Item #4.11:

502.76
4250 RCM Robinson Capital Management LLC
98763 Professional Services 05/24/2022 500.00
500.00
5/12/2022 $103,856.94
5/26/2022 $117,966.48
Total for Employee Payroll: $221,823.42
Grand Total: $2,419,884.78
Total for Vendor 4250 (RCM Robinson Capital Management LLC):

Total for Vendor 4249 (Jeffrey Walter):

Monthly Payables Report, May 2022 11 of 11
Agenda Item #4.11:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 Jun 2022
Department
Finance
Staff Contact
Sue Casey, Interim City Manager
Agenda Item Title
Adopt a Resolution Authorizing the Interim City Manager to Execute or Amend Contracts with Various Service Providers Within Areas Such As Economic Development, Recreation & Community Services, Public Works & Transportation, Emergency Preparedness & Homeless Support, General Operations/Services for the Fiscal Year 2022-23 Summary
On May 4, and May 18, 2022, in two special budget study sessions, the Interim City Manager presented the proposed budget for fiscal year (FY) 2022-23, including estimated revenues, recommended appropriations for operations and capital, recommended capital improvement program, and a list of authorized positions. The budget presentations provided an opportunity for the Council to hear a report from the Interim City Manager and staff on their proposed FY 22/23 budgets, discuss key accomplishments, priorities, goals and challenges. The study session also provided an opportunity for City Council to ask questions and provide input on any changes they wanted included in the final budget.

The general public was also able to provide input on the proposed budgets.

City Council has reviewed the proposed final Operating Budget for FY 2022-23 and Capital Improvement Program for FY 2022-23. City Council approved funding for FY 2022-23 in the adopted budget that requires either new contracts or contract amendments with various service providers for services to be offered starting July 1, 2022. This resolution will authorize the Interim City Manager to enter into contracts detailed in the Contract Extensions or New Contracts schedule, Attachment A.

Recommended Council Action
Staff recommends that the City Council adopt a Resolution authorizing the Interim City Manager to execute contracts or contract amendments with all vendors on the same or substantially the same terms and conditions to the extent the existing contracts in Attachment A.

Alternative Actions
Council discretion.

Financial Impact
City Council has approved funding for these new contracts and contract amendments with the fiscal year 2022-23 budget adoption.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Approved/Certified
No Action Required
Agenda Item #4.12:

Exempt
Not Applicable
Action Requested
Attachments
Contract Authorization Resolution
Attachment A Contract Authorization
Agenda Item #4.12:

City of Sonoma
RESOLUTION # _____ - 2022

A RESOLUTION OF THE CITY OF SONOMA

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE OR AMEND CONTRACTS

WITH VARIOUS SERVICE PROVIDERS WITHIN AREAS SUCH AS

ECONOMIC DEVELOPMENT, RECREATION & COMMUNITY SERVICES,

PUBLIC WORKS & TRANSPORTATION, EMERGENCY PREPAREDNESS & HOMELESS SUPPORT, GENERAL OPERATIONS/SERVICES FOR THE FISCAL YEAR 2022-23 WHEREAS, the Interim City Manager presented on May 4, and May 18, 2022 to City Council, the proposed budget for fiscal year 2022-23, including estimated revenues and recommended appropriations for operations and capital; and WHEREAS, the Interim City Manager’s Budget Message provides an executive summary of the proposed FY 2022-23 budget; and
WHEREAS, the City Council of the City of Sonoma has reviewed the proposed final Operating Budget for FY 2022-23 and Capital Improvement Program for FY 2022-23 and has held a public meeting prior to adoption of the final budget; and WHEREAS, the City Council has approved funding for FY 2022-23 in the approved budget that require either new contract or contract amendments with various service providers for services to be offered starting July 1, 2022.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Sonoma that the Interim City Manager is authorized to execute contracts or contract amendments with all vendors on the same or substantially the same terms and conditions to extend the existing contracts as outlined in Attachment A.

PASSED AND ADOPTED by the City Council of the City of Sonoma at their regular meeting held on the 15th day of June, 2022, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Jack Ding, Mayor
ATTEST:
____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #4.12:

Attachment A

CONTRACT EXTENSIONS OR NEW CONTRACTS
ORGANIZATION / VENDOR FY 2022-23
AMOUNT
ACTION

ECONOMIC DEVELOPMENT
Sonoma Valley Visitors Bureau
Building lease for use of portion of Carnegie Library for visitor services and offices.
$1 year
Amend Lease
Extend for 1 year

RECREATION & COMMUNITY SERVICES
Sonoma Valley Field of Dreams
Provide maintenance and programming of baseball, softball and soccer fields for youth and adults.
$15,000 Extend Agreement
for 1 year
Sonoma Valley Health and Recreation Association
Provide funding for scholarships for youth and senior swimming programs. This funding will be transferred from the Pool Scholarship Fund
$25,000 3- Year Agreement

PUBLIC WORKS / TRANSPORTATION
Sonoma Ecology Center
Contract for Maintenance and Management - Montini Preserve/Sonoma Overlook Trail, including support of trail stewards
Parks for All Measure M funds
$35,000 Extend Agreement
for 3 years
Sonoma Ecology Center
Contract for Maintenance and Management - Nathanson Oxbow and Demonstration Garden
$29,000 Extend Agreement
for 3 years
Sonoma County Transportation Authority
Fare Free Bus Program for Sonoma/Sonoma Valley Local Route 32, the “Sonoma Shuttle” in partnership with Sonoma County
$13,500 1-Year Agreement

EMERGENCY PREPAREDNESS & HOMELESSNESS
Dave Jefferies Public Safety Consulting
Contract for general Emergency Preparedness Planning and Training; continued coordination of City’s emergency planning.
$25,000 1-Year Agreement
Sonoma Overnight Support
Sonoma Overnight Support – Homelessness Services - final contract amount to be determined.

Not to
exceed
$30,000
1-Year Agreement
Homelessness Consultant Services Not to
exceed
$30,000
1-Year Agreement
Agenda Item #4.12:

GENERAL OPERATIONS / SERVICES
Sonoma Valley Community Communications
Provide taping and recording of Council and Commission meetings and other special workshops /meetings.
$58,666.67 3-Year Agreement
Bob Smith
Contract for Code Enforcement /City Prosecutor for vacation rental hearings.
$60,000 1-Year Agreement
Richardson & Company
Provide annual financial statement audit services. $49,820 1-Year Agreement Sonoma Marshals
Code Enforcement Agreement, Provide code enforcement services on weekends July-Sept and during special events.

Not to
exceed
$40,000
1-Year Agreement
Agenda Item #4.12:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 Jun 2022
Department
Administration
Staff Contact
Lisa Janson, Senior Management Analyst
Agenda Item Title
Consideration, Discussion, and Possible Action to:

1. Receive a Report from the City's Homelessness Consultant Andrew Hening Regarding the Current State of Homeless Services in Sonoma Valley;

2. Direct Staff to Begin a Process to Create a Homelessness Task Force;

3. Discuss and Adopt a Resolution Authorizing the City Manager to Extend a Memorandum of Understanding with Sonoma Overnight Support, (SOS), for the Operation of a Safe Parking Program from July 1, 2022, to December 31, 2022; and

4. Direct Staff to Update the Agreement Between Sonoma Overnight Support (SOS) and the City to Align with the Services SOS is Currently Providing at 151 First Street West, Sonoma (The Haven)
Summary

Background
In November 2019, the City approved an MOU with SOS to operate a Safe Parking Program (Program) in the City of Sonoma’s Police Department parking lot at 175 First Street West. The Program currently includes up to 10 total parking spaces that are available on a permit basis between the hours of 10:00 PM and 9:00 AM. To be eligible for the Program, SOS requires participants to adhere to a specific set of Rules and Guidelines. Any participant who violates the Rules and Guidelines can be permanently exited from the Program and may also risk losing access to the day services offered at the Haven. SOS hired a security service in late 2021, to be onsite during the evening hours. In addition, some monitoring is done by the Sonoma Police Department. The MOU was originally set to expire on December 31, 2021.

The City of Sonoma annually provides $30,000 to SOS under a 2005 agreement to operate a temporary emergency shelter to assist low-income families that have become homeless. In FY 20/21 the City budgeted an additional $35,710 for the Safe Parking Program and in FY 21/22, the City budgeted an additional $30,000 to fund the Safe Parking Program. $75,000 for building maintenance improvements at The Haven was proposed with the FY 21/22 budget, however, it was removed from the final adopted budget based on the prospect of a new site and facility for SOS services.

At the December 1, 2021, City Council meeting, the City Council approved an extension of the November 2019 MOU through March 31, 2022. During the meeting, City Council had a lengthy discussion regarding the compatibility of the Safe Parking Program with the uses of the Field of Dreams. As part of its approval, the Council requested that a status update on the City’s and SOS’s efforts to find alternative locations for the Safe Parking Program be provided as soon as possible. Council also requested an update on the progress of HAS’s (Homeless Action Sonoma) temporary shelter efforts.

Agenda Item #6.1:

At the February 2, 2022, City Council meeting, City staff and SOS provided reports on their efforts to find an alternate location for the Safe Parking Program. At the meeting, both City staff and SOS asserted they had reached out to all community partners, including churches, regarding an interim location for the Safe Parking Program. In general, community partners, including churches, indicated that the Safe Parking Program was largely incompatible with their daily operations, would affect the parking needs of their operations, and/or they didn’t have the facilities to meet the program’s needs. Staff did explore two concepts for operating a Safe Parking Program at the City’s Corporation Yard on 8th Street. Both models had significant capital costs and were eventually rejected by City Council. Due to the expiration of the Safe Parking MOU on March 31, 2022, it was anticipated that staff would provide a plan for the Safe Parking program at the March 2, 2022, Council meeting. However, on February 16, 2022, Sue Casey was appointed Acting City Manager and due to time constraints, she was unable to prepare a staff report with updates for the MOU extension in time for the March 2nd meeting.

At the March 16, 2022, City Council meeting, staff made two recommendations which were approved by the Council: 1) hire a homeless expert consultant who would evaluate all the homeless services currently offered in Sonoma and Sonoma Valley, assess how these services are working for the local homeless community in conjunction with County’s Continuum of Care objectives, and then provide a report to help staff make an informed decision on the Safe Parking Program as well as identify recommendations for addressing the broader issue of homeless service needs; and 2) extend the Safe Parking Program MOU until June 30, 2022.

Following the meeting on March 16, 2022, Acting City Manager Casey contacted Andrew Hening, a consultant referred by Dave Kiff, who has extensive experience working with public agencies to solve complex social challenges, including measurably reducing homelessness, spurring civic innovation, and redesigning systems of care for vulnerable community members. She asked that he provide a proposal to evaluate all the homelessness programs currently offered in the City and Valley, collaboratively work with community providers, stakeholders, safety (fire and police), individuals currently experiencing homelessness and then provide a report for Staff and City Council to make informed decisions. The time frame for the assessment began on April 1, 2022 and was completed on June 1, 2022.

Mr. Hening’s will present the findings of his report, (which is attached as Exhibit A), at the June 15, 2022, Council meeting.

Analysis
Homelessness is a regional as well as a City issue. Since February 16, 2022, staff has reached out to many of the homeless advocates and providers in Sonoma County, including, (but not limited to), SOS, Homeless Action Sonoma (HAS), FISH, and Dave Kiff, Interim Director of the Sonoma County Community Development Commission (CDC). The CDC serves as Sonoma County’s lead agency coordinating services, planning efforts and funding for homeless services. On February 18, 2022, Mayor Ding, Council Member Agrimonti, and Acting City Manager Casey attended a meeting organized by Supervisor Gorin, Dave Kiff and County staff to discuss Sonoma Valley Homelessness issues. At the meeting attendees were informed that the Sonoma County CDC might have matching funds available for a study focused specifically on coordination of existing services in Sonoma and the Valley and identification of gaps in the Continuum of Care Sonoma County Homeless Management Information System (HMIS).

Agenda Item #6.1:

Mr. Hening's assessment included quantifying the level of need among people who are currently homeless or at-risk of becoming homeless. According to his report, modern homelessness is a result of the high cost of living, behavioral health challenges and relational crisis. As Sonoma and Sonoma Valley’s economy relies heavily on tourism and agricultural and as both of these industries are seasonal, many residents struggle during winter’s slower months. There is an important distinction between measuring homelessness in the moment vs. homelessness over time. As such, local providers report serving about 200 unique individuals over the course of a year. At any given moment there are approximately 80 people experiencing homelessness. This number expands to 120 people seasonally. Of the 80 people who are currently experiencing homelessness, 40 people currently live in their vehicles, 30 individuals are completely unsheltered and 10 of the unsheltered are the highcontact individuals who are primary drivers of public safety utilizations/concerns. 90% of people experiencing homelessness report having roots in the Valley. Yet with these numbers, there is no major established, ongoing encampment activity, particularly in busy public places.

Mr. Hening’s report outlined three key findings:

Finding #1
Given regional, state, and national best practices for addressing homelessness, the local system of care could be more effectively configured,
Finding #2
The most immediate problem, as is the case in many communities, is insufficiently supporting people experiencing chronic homelessness
Finding #3
Any future progress will be dependent on creating a strong foundational structure for collaboration.

Hening acknowledges the "scrappy and tenacious track record" of our homelessness service providers here in Sonoma Valley. Sonoma Valley has driven local leaders who are making a difference daily, providing services such as free food and clothing, all services which are critical for offsetting costs for low-income residents, which in-turn, help to prevent homelessness. Though it is not well marketed, FISH has a rental assistance program, which is extremely important in prevention. Passionate local leaders are also successfully raising significant funding that can be put towards innovative services and programs and they have been able to find creative housing opportunities, even outside of the typical County safety net.

As Dr. BJ Bischoff stated in her Sonoma County report about homeless services in Sonoma and the Valley: “The current approach to serving the needs of people experiencing homelessness in Sonoma Valley seems more like a treasured patchwork quilt made by loving hands than a true system of support that leads to a permanent solution.” Creating and building a stronger safety net for the homeless community is a common theme in Hening’s report. Aside from referrals, there is very little shared case conferencing or clientlevel collaboration. There is no central data tracking or Homeless Management Information Systems (HMIS) infrastructure facilitating care coordination and there is very little integration with the County’s “Coordinated Entry” system. Sonoma and the Valley are geographically distant from major homeless service hubs in Petaluma and Santa Rosa and public transit to access services is virtually non-existent.

The feedback from the members of the community who are utilizing the services have commented that it is challenging to seek services in multiple locations, and proximity of Agenda Item #6.1:

services by foot can be challenging. There is a lack of transformational services (e.g., benefits advocacy, employment) or directly assigned case managers. Given the established community roots, people want local housing solutions (not something along the 101 corridor).

There also are unique fears and concerns from women who are experiencing homelessness, especially around safety. The homeless community reports feeling a strong disconnect and divide from the community at-large.

Recommendations
Staff allocated $30,000 in the FY 22/23 budget for implementation of the next steps suggested in Hening’s report.

As this is not just a City problem our next steps will require partnering with the County and all of our local service providers in a coordinated effort. Even though community members are understandably concerned, progress cannot be made without a holistic system-wide approach. Any short-term actions that might put a wedge between our stakeholders and providers could significantly jeopardize progress towards this goal. As there are already many cross-sector collaborative models and structures to address homelessness, including some very effective ones in Sonoma County, we do not have to reinvent the wheel.

Next Steps: Timing: What:
#1 Convene a Sonoma
Valley Homeless Task Force
Immediate
0-6 months
A public-private partnership
of local stakeholders who
can help advise on and
accelerate new change
management initiatives.
 Work with a facilitator to
convene key partners, such
as Supervisor Gorin, Dave
Kiff, Sue Casey, two
Sonoma Councilmembers,
SOS, HAS, FISH, and the
Sonoma Valley Catalyst
Fund
#2 Hire a Sonoma Valley
Social Safety Net "Czar"
Immediate
0-6 months
A senior-level leadership
role to convene local
partners (including the
taskforce), facilitate
collaboration, and represent
the Valley's interests to the
rest of the County.
 Establish a three-year,
fixed-term position jointly
funded by the City, County,
healthcare system and local
foundations
#3 Establish New Metrics &
Create a Data Dashboard Immediate
0-6 months
Create shared accountability
(between all stakeholders)
for homelessness in the
Valley by establishing
concise and simple metrics
focused on outcomes, not
outputs.

Agenda Item #6.1:

 Strategic planning is
being done in multiple
jurisdictions within Sonoma
County, leverage their
learnings to help create
consistent countywide
benchmarks

#4 Begin to Coordinate
Services Through a ByName-List
Immediate
0-6 months
A "By-Name-List" (BNL) is a
national best practice for
coordinating individual care
plans across multiple
community service
providers.
 Utilize the County's
involvement with the national
Built for Zero campaign for
technical assistance; keep it
simple- who's homeless,
what's their path to housing,
who's responsible
#5 Clearer Roles &
Caseloads for Case
Managers
Medium-Term
0-12 months
Rather than relying on
generalized service
navigator, move towards
professional case
management staff with
clearly defined client
caseloads
 Leverage other service
providers in the County, the
County itself, the CoC, to
consultants and other
outside experts, there are a
variety of local resources for
learning how to right-size
caseloads and create job
descriptions / scopes of work
the type of social services
needed to support highly
vulnerable individuals
#6 Clearer Articulation of
Services Niches & Needs
Medium Term
0-12
Months
Local providers with clearly
developed "theories of
change" that are well-defined
within a community-level
pathway to housing; a gaps
analysis of where outside
providers might need to plug
in to complement
 As the collaborative
begins working together
more closely, it will be
Agenda Item #6.1:

important for different
providers to define their
area(s) of expertise,
including determining where
they fit within the STEP
framework
#7 Rally & Synergize Around
Homekey 3.0
Medium Term
0-12
Months
Leverage the State of
California's unprecedented
Project Homekey funding
opportunity to rapidly
synergize and develop new
shelter, housing, and service
capacity
 Leverage the support of
housing developers,
consultants, Sonoma
County-based service
providers, and/or other
contractors who have been
through previous rounds of
Homekey to help strengthen
any potential application.
#8 Structural Improvements
to the Conditions Leading to
Homelessness
Long-Term
12-36 Months
Leverage the taskforce
model to tackle the root
causes of homelessness in
the Valley (e.g., the cost and
availability of housing, the
availability of behavioral
health services, rapid
prevention assistance.

Homelessness is ever changing, the pandemic exacerbated and brought attention to the issue. More individuals face homelessness than ever before. The good news is there is funding for well-developed programs.

The Safe Parking Program was originally established as a temporary solution to address the seasonal nature of our economy and the poverty that affects a significant portion of Sonoma Valley. At this time, staff is recommending extending the SOS Safe Parking Program only until a new location, where the services SOS provides, (safe parking, food, day services including showers, washing machines and case-management), can be co-located to better serve the clients most in need, and away from the Police Department, (as that location may be a deterrent with certain segments of the population). Extending the Safe Parking Program MOU to December 31, 2022, should allow sufficient time to accomplish this.

The attached MOU, Exhibit B, defines the short-term, transitional nature of the Safe Parking Program as a resource for participants while they shift to more permanent housing. (This program was not meant to be a long-term solution.) The goal of this program should be to transition individuals from their cars to housing as quickly as possible. On the SOS website, it states that the percentage of support that is needed for this program is approximately 2% of the SOS annual budget. For FY 22/23, the City did not budget any financial support for the Safe Parking Program. Instead, funds were budgeted for a Homeless Expert Contractor. The attached MOU (Exhibit B) states, “The Haven, pursuant to an updated "Safe Parking Agenda Item #6.1:

Program" (the "Program") under the management of SOS will support and oversee the overnight parking spaces, through a commitment of expertise, policies/procedures, staffing, at no cost to the City. Additionally, at no cost to the City, SOS will provide a security guard to patrol the parking lot where the Safe Parking Program is located, at days and times to be mutually agreed upon.”
In addition to implementing the next steps listed above, City staff will need to revise the 2005 agreement between the City and Sonoma Overnight Support to bring it up to date and align it with the services that are currently being provided. The original agreement includes language regarding temporarily housing individuals on the property located at 151 First Street West, which is a service that Sonoma Overnight Support discontinued several years ago. When the agreement is updated, it could trigger the need to update the existing use permit as well.

Recommended Council Action
Direct Staff to begin a process to create a Homelessness Task Force comprised of City Staff, Council Members, local stakeholders, and County representatives. Staff will need to determine what amount of combined resources are available from local fundraisers, healthcare providers, the City, and the County to hire a Sonoma Valley Social Safety Net "Czar". The Safety Net “Czar” will then convene local partners (including the taskforce), facilitate collaboration, and represent the Valley's interests to the rest of the County and begin creating a workplan so that County and Sonoma Valley service providers can align resources and services. In addition, the work plan will need to include steps to establish a shared database of users (HMIS system) to ensure adequate services and progress towards coordinated entry, case management, and housing needs are being met.

Extend the Safe Parking Program until December 31, 2022, with the conditions outlined above and the MOU (Exhibit B).

Direct Staff to revise the 2005 agreement between the City and Sonoma Overnight Support to bring it up to date and align it with the services that are currently being provided and update the use permit, if required, and bring both back to a future City Council meeting for approval.

Alternative Actions
City Council's discretion.

Financial Impact
For FY 22/23, $30,000 was budgeted for a Homeless Contractor. This amount, combined with funds from local fundraisers, healthcare providers, and the County can be used to hire a Sonoma Valley Social Safety Net "Czar" to convene local partners (including the taskforce), facilitate collaboration, and represent the Valley's interests to the rest of the County and begin creating a workplan so that County and Sonoma Valley service providers can align resources and services.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Agenda Item #6.1:

Attachments
Resolution Safe Parking Program MOU Extension
Exhibit A - Hening - Final Homelessness Report
Exhibit B SOS Safe Parking MOU 070122-123122
Agenda Item #6.1:

City of Sonoma
RESOLUTION #_____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING THE

INTERIM CITY MANAGER TO EXTEND THE MEMORANDUM OF UNDERSTANDING WITH SONOMA

OVERNIGHT SUPPORT (SOS) FOR THE OPERATION OF A SAFE PARKING PROGRAM IN THE POLICE DEPARTMENT PARKING LOT AT 175 FIRST STREET WEST
WHEREAS, In November 2019, the City approved an MOU with SOS to operate a Safe Parking Program (Program) in the City of Sonoma Police Department’s parking lot at 175 First Street West.; and WHEREAS, the Program currently includes up to 10 total parking spaces that are available on a permit basis between the hours of 10:00 PM and 9:00 AM.; and
WHEREAS, at the March 16, 2022 City Council meeting, the City Council approved an extension of the 2019 MOU through June 30, 2022; and
WHEREAS, homelessness is a regional as well as a City issue; and WHEREAS, the City of Sonoma hired Andrew Hening, Consulting, LLC, to evaluate all the homelessness programs that are currently offered in the City and Valley, collaboratively worked with current community providers and stakeholders, and then provided recommendations so that Staff and City Council could make critical informed decisions regarding homelessness programs; and WHEREAS, Andrew Hening presented the findings of his report on homelessness services at a City Council meeting on June 15, 2022: and
WHEREAS, the report outlined findings and steps to create and build a stronger safety net for the homeless community; and
WHEREAS, the report also stated that SOS moving its services to a location where it could serve even more clients is suggested for building a stronger safety net; and WHEREAS, extending the Safe Parking Program MOU until December 31, 2022 will provide adequate time to find an alternate site where all the services SOS provides can be co-located.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma that the SOS Safe Parking MOU, attached hereto as Exhibit B, be extended only until a new location, where the services SOS provides, (safe parking, food, day services including showers, washing machines and casemanagement), can be co-located and moved to a new site to better serve clients most in need, or by no later than December 31, 2022.

PASSED and ADOPTED by the City Council of the City of Sonoma, this 15th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Jack Ding, Mayor
ATTEST:
_____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #6.1:

The City of Petaluma’s

STRATEGIC ACTION
The City of Sonoma’s
HOMELESSNESS STRATEGIC ASSESSMENT – June 2022
Agenda Item #6.1:

This Assessment
The City of Sonoma retained the services of Andrew
Hening Consulting, LLC for this assessment. The research, findings, and recommendations herein were developed
between April 1, 2022, and June 1, 2022. Rather than
being a comprehensive and deep-diving evaluation or
strategic plan, this report is intended to provide a highlevel snapshot of what’s working, what’s not working, and where there are immediate opportunities for improvement within the local homeless system of care.

Agenda Item #6.1:

Table of
Contents
Agenda Item #6.1:

Table of Contents
I. Process …………………………………….…..……..……….. 5-8
II. Homelessness in the Valley ………………………..………. 9-16
III. Findings & Supporting Analysis …..……….....…....…….. 17-38 IV. Recommendations ……………………………...……….... 39-49
V. Conclusion & Sources ………….……………….…..…..… 50-54
4 Agenda Item #6.1:

I. Process
5 Agenda Item #6.1:

Recent events related to homelessness have left a strong mark on the community psyche.

In 2021, homeless encampments in or near the Montini
Open Space Preserve were connected with multiple fires.

In 2020, a person experiencing homelessness exposed
himself in front of a girl near the Field of Dreams.

These incidents have raised concerns about the appropriate location of local services.

And more generally, they have surfaced questions about the effectiveness of the social safety net in a small community.

Background
6 Agenda Item #6.1:

What are the unique characteristics influencing
homelessness in the Sonoma Valley?
What is the level of need among people who are
currently homeless or at-risk of becoming homeless?
How is the current homeless system of care designed,
and is it effectively responding to local needs?
Are there short or medium-term opportunities to
improve the homeless system of care?
Guiding
Questions for
This Report
7 Agenda Item #6.1:

19 interviews with local, regional, and countywide
stakeholders
Toured anchor service providers, including SOS, FISH,
and La Luz
Met with the Police and Fire Departments, which
included a tour of local “hot spots”
5 interviews with people who are currently or were
previously experiencing homelessness
Reviewed past reports, assessments, and parallel
planning efforts
Research
Method
8 Agenda Item #6.1:

II. Homelessness in
the Valley
9 Agenda Item #6.1:

Modern homelessness is generally driven by a high cost of living, behavioral health challenges, and relational crises.

The Sonoma Valley’s economic reliance on tourism and
agriculture provide important nuance to these issues.

With such seasonal industries, many residents struggle during slower winter months. Short-term rentals / second homes are reducing the supply of housing and driving up costs (the local housing vacancy rate is 20% higher than the county average1).

Jurisdictionally, there is ambiguity around City and County roles and responsibilities (e.g., geographic boundaries, charters). The entire Sonoma Valley runs north / south from Kenwood on Highway 12 to Highway 37 on the San Pablo Bay What
Makes the
Sonoma
Valley
Unique
Agenda Item #6.1:

There is a significant grey area between poverty and how we define homelessness.

Over 66% of renters in some areas are rent burdened,
paying more than 30% of their income on housing.2
There is significant overcrowding, which has resulted in some cases of as many as 26 people sharing one rental unit. 20% of families with children are in poverty.3 92% of farm worker families do not earn enough to meet their basic
needs.4
Despite these conditions, many people do not view
themselves as being "homeless," and some, especially
single adults, choose shared living arrangements to
maximize the money available for their families.

Quantifying
the Need:

People
At-Risk of
Becoming
Homeless
11 Agenda Item #6.1:

There is a critical distinction between measuring
homelessness in the moment vs. homelessness over time.

Local providers report serving upwards of 200 unique
individuals over the course of a year.

By comparison, at any given moment, approximately 80
people are experiencing homelessness.5
Roughly half of the people who are currently homeless are residing in a vehicle.

Over 90% of people experiencing homelessness report
having roots in the Valley (compared to 88% countywide6).

There is no major entrenched, ongoing encampment
activity, particularly in busy public areas.

Quantifying
the Need:

People
Who Are
Currently
Homeless
12 Agenda Item #6.1:

It can be very difficult to accurately track public safety calls related to homelessness (e.g., consistent notation in reports, knowing whether a person is actually homeless).

Discussions with and data from Police and Fire reveal several "hot spots" throughout the City (e.g., Maxwell Park, the Sonoma Creek, Napa Street, Field of Dreams).

In 2021, 1% of all citywide calls were to the Field of Dreams. 56% of these calls were for “security checks” or “suspicious person,” referring to proactive police contacts.

Based on discussions with the Police Department, harm
reduction strategies seem to be working, such as installing safe needle disposal areas.

Both Police and Fire report no more than a dozen consistent, high-contact individuals who are the primary drivers of public safety utilization.

The Impact
on Public
Safety
13 Agenda Item #6.1:

At-Risk at Any Given Time = 100 People
80 3,600

APPROXIMATE HOUSEHOLDS

LIVING IN POVERTY

PEOPLE EXPERIENCING

HOMELESSNESS
Agenda Item #6.1:

Homeless = 1 Person 120
40 30
10 HOMELESS LATER

IN THE YEAR

CURRENTLY IN A

VEHICLE

COMPLETELY

UNSHELTERED

UNSHELTERED

HIGH UTILIZERS
Agenda Item #6.1:

There are logistical challenges seeking different services in multiple locations (while mostly on foot).

There are a lack of transformational services (e.g., benefits advocacy, employment) or directly assigned case managers.

Transit is a major barrier to trying to access those types of services in other parts of the county (even Marin County).

Given longstanding community roots, people want local
housing solutions (not something along the 101 corridor).

There are unique fears and concerns for women who are
experiencing homelessness, especially around safety.

People report feeling a strong disconnect and divide from the community at-large.

Wisdom
from People
with Lived
Experience
16 Agenda Item #6.1:

III. Findings &
Supporting Analysis
Agenda Item #6.1:

Finding #1: Given regional, state, and national best
practices for addressing homelessness, the local
system of care could be more effectively configured.

Finding #2: The most immediate problem, as is the
case in many communities, is insufficiently supporting
people experiencing chronic homelessness.

Finding #3: Any future progress will be dependent
on creating a strong foundational structure for
collaboration.

Overall
Findings
18 Agenda Item #6.1:

Finding #1
Given regional, state, and national
best practices for addressing
homelessness, the local system of
care could be more effectively
configured.

Agenda Item #6.1:

There has been an incredibly strong in-kind and
volunteer response to homelessness, with some
organizations not even having paid staff.

These types of in-kind services, such as free food and
clothing, are critically important for offsetting costs for low-income residents, thus preventing homelessness.

Though not really marketed, the community seems
generally well-informed about FISH’s rental assistance
program, which is also key for prevention.

Passionate local leaders are successfully raising
significant new funding to put towards new services
and programs.

Local providers have a scrappy and tenacious track
record of finding creative housing opportunities, even
outside of the typical County safety net.

Building a
Stronger
Safety Net:

Strengths of
the Current
System
20 Agenda Item #6.1:

- Dr. BJ Bischoff
“The current approach to serving the needs of people
experiencing homelessness in Sonoma Valley seems
more like a treasured patchwork quilt made by loving
hands than a true system of support that leads to a
permanent solution.”
Agenda Item #6.1:

Aside from referrals, there is a lack of any real shared case conferencing or client-level collaboration.

There is no central data tracking or HMIS
infrastructure facilitating care coordination.

At present, there is little to no integration of the
County’s “Coordinated Entry” system.

The Valley is geographically removed from major
service hubs in Santa Rosa and Petaluma.

Transit is a major barrier for accessing services in these other regions.

There are seemingly bifurcated entry points for white
and Latino households.

Building a
Stronger
Safety Net:

Weaknesses
of the
Current
System
22 Agenda Item #6.1:

SOS moving locations and serving even more clients is a good sign for where the need is.

Outside providers seem open to lending more support (if there is sufficient investment).

Private and philanthropic funding in the Valley creates much more flexibility and opportunity for innovation.

There appear to be early discussions across agencies and boards to find more ways to collaborate.

HAS has secured site control for land that could provide more housing, shelter, and/or collaborative service
provision.

Building a
Stronger
Safety Net:

Opportunities
for the
Current
System
23 Agenda Item #6.1:

People want to be served and housed in their current
community - need local solutions.

If left unresolved, structural issues will push more
people into homelessness.

Regional providers are struggling to find and retain
quality staff.

The lack of a clear vision / plan / taskforce is preventing alignment and more substantial investment.

The lack of a collaborative structure is exacerbated by historical managerial / elected turnover at the City, as well as potential future changes to leadership among
service providers.

Building a
Stronger
Safety Net:

Threats to
Progress
24 Agenda Item #6.1:

STEP is an example of how to think about a more effectively coordinated system of care.

S – Systems: The conditions that are making it more likely for a personal crisis to result in homelessness
T – Triage: Creating a crisis response system that can quickly prevent and divert people from homelessness
E – Engagement: Having a clear process for identifying and coordinating care for people who are currently homeless P – Placements: Orienting every point of engagement
towards permanent (or temporary then permanent) housing STEP:

A Template
for a More
Connected
System of
Care
25 Agenda Item #6.1:

S T E P

SYSTEMS TRIAGE ENGAGEMENT PLACEMENT

UNABLE TO

REHOUSE
SELFRESOLVE
CRISIS

SHELTER

HOUSING

PLACEMENTS

SYSTEM INFLUENCES -

FEED THE CRISIS

PREVENTION

COORDINATED

OUTREACH AND

DATA COLLECTION
Agenda Item #6.1:

S T E P

SYSTEMS TRIAGE ENGAGEMENT PLACEMENT

UNABLE TO

REHOUSE
SELFRESOLVE
CRISIS

SHELTER

PERMANENT HOUSING

COST OF HOUSING FINANCES
Production Living Wage
Preservation Income Supports
Protection Lack of Education
Mental Health
Services
Affordable Drug /
Alcohol Treatment
Divorce
Bankruptcy
Foreclosure Natural Disaster
BIPOC Foster Youth
Seniors Reentry
LGBTQ
Clear Access Point Community
Marketing
Real Person
Warm Handoff
Referrals Financial Resources
Legal Resources
Project Manager By-Name-List
Release of
Information
Shared Data
Tracking
Open HMIS System Inter-disciplinary
Outreach Teams Cahoots
Street Medicine
Meals / Pantry Showers
Clothing
Drug / Alcohol
Treatment
Skilled Nursing Facility
Conservatorship Psychiatric Facility

COST OF LIVING
Congregate Non-Congregate
Hotel / Motel
Vouchers Safe Parking
Safe Sleeping Seasonal

PREVENTION

BEHAVIORAL HEALTH

DOMESTIC VIOLENCE

PERSONAL HARDSHIP

UNIQUE NEEDS
Roommate Conflict
Family Conflict
Veterans

COORDINATION

STREET OUTREACH

DROP-IN SERVICES
Proactive First
Responders
Laundry

INTENSIVE CARE

FAMILY & FRIENDS

BELOW MARKET

RATE UNITS
“STEP DOWN” /

TURNOVER

SUPPORTIVE

HOUSING

ONE-TIME

ASSISTANCE
RAPID

REHOUSING

HOUSING

VOUCHERS

LANDLORD

ENGAGEMENT

HOME-SHARING /
ADUs / JADUs
Agenda Item #6.1:

Finding #2
The most immediate problem, as is
the case in many communities, is
insufficiently supporting people
experiencing chronic homelessness.

Agenda Item #6.1:

A Definition
Chronic homelessness is long-term
homelessness (more than a year or
multiple episodes over multiple
years) accompanied by a disabling
condition (e.g., a mental health
issue, a substance use disorder, a
traumatic brain injury).

Agenda Item #6.1:

THE CRITICAL INSIGHT
The background issues outlined in the
opening of this report were almost
certainly tied to people experiencing
chronic homelessness. This is not to
vilify. These are some of the most
vulnerable people in the community.

Agenda Item #6.1:

TEMPORARY EPISODIC CHRONIC
Service Utilization
Agenda Item #6.1:

The level of need is quite manageable.

We know how to solve chronic homelessness – with
“Housing First.”
The City has a good partnership with SOS to provide
outreach when challenging issues arise.

The local homeless community seems to be relatively
cohesive and insular, self-policing disruptive behavior.

Sonoma has achieved what many communities dream of
doing ... co-locating services next to the Police.

Chronic homelessness is generally not manifesting as
major, entrenched encampments.

Helping
the Most
Vulnerable:

Strengths of
the Current
System
32 Agenda Item #6.1:

Housing First is a specific program design / philosophy, which does not seem well integrated or embraced in the
Valley, as evidenced by a lack of County / CoC alignment.

Local agencies lack the professionalized staff needed to address the complex physical and behavioral health needs of people experiencing chronic homelessness.

There is no central data tracking or HMIS infrastructure to coordinate care for people visiting multiple agencies, let alone regular case conferencing.

There is a lack of proactive outreach to build relationships with folks who might have become more disengaged from
the system.

Co-locating services next to the Police Department is likely pushing some individuals away from assistance.

Helping
the Most
Vulnerable:

Weaknesses
of the
Current
System
33 Agenda Item #6.1:

There are proven models in the North Bay for how to
support people experiencing chronic homelessness.

Local organizations are successfully fundraising and adding new staff. This new staff could be trained to support.

County leadership is open to partnership and is actively supporting innovation.

Outside providers seem open to lending more support (if there is sufficient investment).

It’s important to humanize the stories and challenges of people experiencing this type of homelessness.

Helping
the Most
Vulnerable:

Opportunities
for the
Current
System
34 Agenda Item #6.1:

The longer people go unserved, the harder it becomes
to help them later.

People become skeptical of the system when it
overpromises / does not deliver results.

Programs that are overly rules / behavior-based can
push people out.

There isn’t clear responsibility for who helps the people who fall through the cracks.

It’s critical to find and retain quality staff who can
develop long-term, therapeutic care relationships.

The County’s Coordinated Entry System is often the
pathway to supportive housing placements, but it can
be an onerous process.

Helping
the Most
Vulnerable:

Threats to
Progress
35 Agenda Item #6.1:

The Chronic
Homeless
Feedback
Loop
Agenda Item #6.1:

Finding #3
There is not a collaborative
structure for working together
to address either Finding #1 or
Finding #2.
37 Agenda Item #6.1:

Community members are understandably concerned, but
their issues will not be addressed without a holistic,
systems-wide approach.

There are ample models and frameworks for cross-sector
collaboration to address homelessness, including in
Sonoma County. There is no need to reinvent the wheel.

Any short-term actions that put a wedge between or
among stakeholders could significantly jeopardize future progress.

A Structure
for Coming
Together
38 Agenda Item #6.1:

IV. Recommendations
39 Agenda Item #6.1:

#1:

Convene a
Sonoma
Valley
Homeless
Taskforce
40 Timing: Immediate, 0 - 6 Months
What: A public-private partnership of local stakeholders who can help advise on and accelerate new change
management initiatives
Idea for Getting Started: Work with a facilitator to
convene key partners, such as Supervisor Gorin, Dave
Kiff, Sue Casey, two Sonoma Councilmembers, SOS,
HAS, FISH, and the Sonoma Valley Catalyst Fund
Agenda Item #6.1:

Timing: Immediate, 0 - 6 Months
What: A senior-level leadership role to convene local
partners (including the taskforce), facilitate
collaboration, and represent the Valley’s interests to the rest of the County
Ideas for Getting Started: Establish a three-year, fixedterm position jointly funded by the City, County, healthcare system, and local foundations; learn from
people in similar roles in Sonoma County … Stephen
Sotomayor (Healdsburg), Karen Shimizu (Petaluma),
Jenna Garcia / Emily Quig (Rohnert Park)
#2:

Hire A
Sonoma
Valley Social
Safety Net
“Czar”
41 Agenda Item #6.1:

#3:

Establish
New Metrics
& Create
a Data
Dashboard
42 Timing: Immediate, 0 - 6 Months
What: Create shared accountability for homelessness in
the Valley by establishing concise and simple metrics
focused on outcomes, not outputs
Idea for Getting Started: Multiple jurisdictions in Sonoma County are currently completing strategic planning
efforts, including the County itself; rather than starting from scratch, leverage the learnings from other
subregions to help create consistent countywide
benchmarks
Agenda Item #6.1:

#4:

Begin to
Coordinate
Services
through a ByName-List
43 Timing: 0 - 6 Months
What: A “By-Name-List” (BNL) is a national best
practice for coordinating individual care plans across
multiple community service providers
Ideas for Getting Started: Emulate similar efforts in the North Bay, such as Petaluma’s BNL program or the
Marin County Homeless Outreach Team program;
utilize the County’s involvement with the national Built for Zero campaign for technical assistance; keep it
simple – who’s homeless, what’s their path to housing,
who’s responsible
Agenda Item #6.1:

#5:

Clearer Roles
& Caseloads
for Case
Managers
44 Timing: Medium-Term, 0 - 12 Months
What: Rather than relying on generalized service
navigators, move towards professional case
management staff with clearly defined client caseloads
Idea for Getting Started: From other service providers in the county, the County itself, the CoC, to consultants
and other outside experts, there are a variety of local resources for learning how to right-size caseloads and
create job descriptions / scopes of work for the type of social services needed to support highly vulnerable
individuals.

Agenda Item #6.1:

#6:

Clearer
Articulation
of Service
Niches &
Needs
45 Timing: Medium-Term, 0 - 12 Months
What: Local providers with clearly developed “theories
of change” that are well-defined within a communitylevel pathway to housing; a gaps analysis of where outside providers might need to plug in to complement
Idea for Getting Started: As the collaborative begins
working together more closely, it will be important for different providers to define their area(s) of expertise, including determining where they fit within the STEP
framework.

Agenda Item #6.1:

S T E P

SYSTEMS TRIAGE ENGAGEMENT PLACEMENT

UNABLE TO

REHOUSE
SELFRESOLVE
CRISIS

SHELTER

PERMANENT HOUSING

COST OF HOUSING FINANCES
Production Living Wage
Preservation Income Supports
Protection Lack of Education
Mental Health
Services
Affordable Drug /
Alcohol Treatment
Divorce
Bankruptcy
Foreclosure Natural Disaster
BIPOC Foster Youth
Seniors Reentry
LGBTQ
Clear Access Point Community
Marketing
Real Person
Warm Handoff
Referrals Financial Resources
Legal Resources
Project Manager By-Name-List
Release of
Information
Shared Data
Tracking
Open HMIS System Inter-disciplinary
Outreach Teams Cahoots
Street Medicine
Meals / Pantry Showers
Clothing
Drug / Alcohol
Treatment
Skilled Nursing Facility
Conservatorship Psychiatric Facility

COST OF LIVING
Congregate Non-Congregate
Hotel / Motel
Vouchers Safe Parking
Safe Sleeping Seasonal

PREVENTION

BEHAVIORAL HEALTH

DOMESTIC VIOLENCE

PERSONAL HARDSHIP

UNIQUE NEEDS
Roommate Conflict
Family Conflict
Veterans

COORDINATION

STREET OUTREACH

DROP-IN SERVICES
Proactive First
Responders
Laundry

INTENSIVE CARE

FAMILY & FRIENDS

BELOW MARKET

RATE UNITS
“STEP DOWN” /

TURNOVER

SUPPORTIVE

HOUSING

ONE-TIME

ASSISTANCE
RAPID

REHOUSING

HOUSING

VOUCHERS

LANDLORD

ENGAGEMENT

HOME-SHARING /
ADUs / JADUs
Agenda Item #6.1:

#7:

Rally &
Synergize
around
Homekey 3.0
47 Timing: Medium-Term, 0 - 12 Months
What: Leverage the State of California’s unprecedented
Project Homekey funding opportunity to rapidly
synergize and develop new shelter, housing, and
service capacity
Idea for Getting Started: Leverage the support of housing developers, consultants, Sonoma County-based service
providers, and/or other contractors who have been
through previous rounds of Homekey to help
strengthen any potential application.

Agenda Item #6.1:

#8:

Structural
Improvements
to the
Conditions
Leading to
Homelessness
48 Timing: Long-Term, 12 - 36 Months (commence when
the team is ready)
What: Leverage the taskforce model to tackle the root
causes of homelessness in the Valley (e.g., the cost and availability of housing, the availability of behavioral health services, rapid prevention assistance)
Agenda Item #6.1:

Workstreams
49 Workstream Owner 2022 2023
#1 Convene a Sonoma Valley Homeless Taskforce City / County #2 Hire a Sonoma Valley Social Safety Net “Czar” The Taskforce #3 New Metrics & a Data Dashboard The Taskforce
#4 Begin to Coordinate Services through a By-Name-List (BNL) The “Safety Net Czar” #5 Clearer Roles & Caseloads for Case Managers The BNL Team #6 Clearer Articulation of Service Niches The BNL Team
#7 Rally & Synergize around Homekey 3.0 The Taskforce
#8 Structural Improvements to Upstream Issues The Taskforce Agenda Item #6.1:

V. Conclusion
50 Agenda Item #6.1:

Final Thoughts
Through the national Built for Zero Campaign, over 90
communities across the country have established quality, realtime data on local homelessness. These communities are then designing systems of care that use that data to demonstrate a measurable reduction in homelessness, in some cases even ending homelessness for certain subpopulations (e.g., people who are chronically homeless). With the right vision, leadership, and strategies, the Sonoma Valley has all the building blocks needed to join these other communities in ensuring
homelessness becomes rare, brief, and one-time.

Agenda Item #6.1:

Acknowledgements
The City of Sonoma would like to thank the many
stakeholders, community members, people with lived
experience, and local service providers that participated and provided valuable input for this strategic assessment.

Agenda Item #6.1:

#1: City of Sonoma Housing Element Presentation –
January 25th, 2022 (Page 12)
#2: A Portrait of Sonoma 2021 Update (Page 30)
#3: Sonoma Valley Community Profile (Page 5)
#4: A Portrait of Sonoma 2021 Update (Page 27)
#5: 2020 Sonoma County Homeless Census
Comprehensive Report (Page 12)
#6: Sonoma County Homeless Census & Survey 2020
Executive Summary
Sources
53 Agenda Item #6.1:

This report and strategic assessment process was
led by Andrew Hening Consulting, LLC.

Agenda Item #6.1:

Memorandum of Understanding (MOU) for
Safe Parking Program
This Memorandum of Understanding ("MOlY') is made as of [Date] by and between the City of Sonoma ("City") and Sonoma Overnight Support, Inc ("SOS").

Whereas, a lack of affordable housing in the City and in Sonoma Valley results in a number of individuals and families living in their vehicles; and
Whereas, SOS and City are concerned with the safety, health and welfare of the community and wish to safeguard private property and provide a safe and sanitary place for people to park their vehicles on a short-termbasis while they transition to more permanent housing; and Whereas, in 2016 the City and SOS implemented a Pilot Safe Parking Program under aIJ. earlier MOU in effect from December 2016 to March 2017, which wasterminated for lack of participation at the time; and
Whereas, in response to a larger number of individuals sleeping in vehicles in the Police Department Parking Lot and some neighborhood concerns, SOS developed and presented the City with a newproposal for SOS to operate a Safe Parking Program in such PoliceDepartment Parking Lot (the "Premises") that would have a modified set of Rules and Guidelines, with close security monitoring, and be closely tied to eligibility for services at The Haven (SOS emergency shelter located at 151 First Street West, Sonoma); and
Whereas, City is willing to provide ten (10) parking spaces overnight on its parking lot next to The Haven, pursuant to an updated "Safe Parking Program" (the "Program") under the management of SOS. SOS will support and oversee the overnight parking spaces, through a commitment of expertise, policies/procedures, staffing, at no cost to the City. In addition, at no cost to the City, SOS will provide a security guard to patrol the parking lot where the Safe Parking Program is located, at days and times to be mutually agreed upon.

Now, therefore, in consideration of the covenants and conditions contained herein, the City and SOS agree as follows:

1. Term: The term of this MOU shall commence on July 1, 2022 and continue through December 31, 2022. During the term of this agreement, SOS agrees to actively seek a new location where all of SOS services, including Safe Parking, can be co-located to more effectively and efficiently serve the clients most in need. Notwithstanding the above, either party may terminate this MOU for any reason upon 10 days advance written notice to the other party, such notice to include the reason for termination. Neither City nor SOS shall be liable to the other for damages or any other relief, legal or equitable, merely as a result of termination of this MOU pursuant to this Section 1.

2. Breach ofAgreement: Notwithstanding the term set forth in Section 1, if the City finds that the terms of the MOU have been substantially breached it may immediately terminate the MOU upon written notice to SOS documenting the breach of the agreement; provided that at SOS' 11 Page Exhibit B
Agenda Item #6.1:

request, City shall meet with SOS to determine if SOS shall instead be allowed to cure the breach.

3. Use of Parking Lot: Subject to the terms set forth below, SOS may use up to ten (10) designated parking spaces (the "Designated Spaces") between the hours of 10:00 p.m. and 9:00 a.m., 7 days per week ("Safe Parking hours") for overnight parking by "Participants" in this Safe Parking Program. Each day Participants may be allowed to stay at the Haven to receive day services between the hours of 9:00 a.m. and 1:00 p.m., but then must exit the parking lot until 10:00 p.m. SOS will provide adequate sanitation facilities for Participants as described in the Rules and Guidelines referred to in Section 5 below. Some evenings there may be events at the Field of Dreams near the Premises, and Participants will need to arrive at a later time. In that case, City shall notify SOS, who in turn shall notify the Participants to arrive at a later time.

Participants must vacate the Premises during Safe Parking hours if advised by SOS or City Police that the Premises are required to be used for community emergency services.

Participants shall stay at the Designated Spaces only. The SOS placard referred to in Section 6 shall be displayed at all times during Safe Parking hours on a Participant's vehicle in a clearly visible manner. SOS shall not authorize more than ten (10) vehicles to park at the Premises.

SOS staff and representatives may enter the Premises as necessary for monitoring and enforcement activities. SOS will mark or sign the Designated Spaces, in a manner approved by the City, to prevent vehicles other than those belonging to Participants from making use of them during Safe Parking hours.

4. Program Preference. Participants shall be screened by SOS with a preference for women, children, and seniors; and a geographical preference for City of Sonoma and Sonoma Valley residents.

5. Written Agreement with Users and Compliance with Rules Required: SOS shall only issue permits to Participants with whom SOS has a written agreement to use the applicable Designated Space for overnight parking. Each potential Participant shall be evaluated in advance by the SOS Case Manager. The written agreement between SOS and each Participant shall, at a minimum, contain the Rules and Guidelines included as Appendix A to this MOU.

6. Authorized, Permitted Vehicles Only: SOS shall use reasonable efforts, including overnight monitoring by a Security Guard as provided in Section 8.a, to ensure that only one vehicle owned by a Participant is parked in the Participant's Designated Space during Safe Parking hours. SOS shall also supply each Participant who is authorized to use the Designated Space with a placard to be displayed in the Participant's vehicle window indicating that the Participant has a permit and is authorized to park overnight in a Designated Space. City Police will direct anyone other than an approved Participant to leave the Premises during Safe Parking hours. City will put up signage indicating that no one is allowed to park at the Premises overnight except with a permit. SOS staff, as necessary, will be provided permits allowing them to park at the Premises other than in Designated Spaces, to provide normal SOS services. 21 Page
Exhibit B
Agenda Item #6.1:

7. Removal of Vehicles: Subject to the California Vehicle Code, upon notification by City, SOS shall remove any vehicle parked in a Designated Space after 9:00 a.m., including but not limited to an abandoned and inoperable vehicle; provided, however, that Participants who are also SOS day clients may park their vehicles at the Premises to use Haven day services as provided in Section 3.

8. Other SOS Responsibilities:
a. SOS will provide monitoring from a Security Guard to ensure that only authorized, permitted vehicles are parking in designated spaces during the hours of the Safe Parking Program (Program) and that all users of the Program are complying with the stated rules and guidelines of the Program. Each Participant's vehicle will be provided with a numbered placard to be displayed in the back windshield of the vehicle as identification of participation in the SOS Safe Parking Program. b. A case manager shall be assigned to the Program to perform the initial evaluation of Participants and to work with Participants to find alternative housing. c. SOS shall ensure that the Premises are maintained in a clean and orderly manner. d. SOS shall provide a sanitation facility in the back yard of the Haven for the use of Program Participants including their registered household members. This facility will have a sink inside and will be cleaned daily. The Haven's backyard gate is locked at all times, so that entry to the area where the sanitation facility is located shall be limited to the front sidewalk of the Haven.
e. The Haven shall maintain an alarm system with two cameras. One is on the front porch with a live stream view of the Designated Spaces, and one is focused on the Haven's back yard. The alarm system will also help ensure appropriate behavior by Participants and others during Safe Parking hours.

9. Program Evaluation: During the extension of this Safe Parking Program, the City of Sonoma's Homeless Task Force, City Staff and City police will conduct a review of the Program which will include meeting with stakeholders and neighbors of the Haven. The review participants will provide a report on the Program to the City Council. The report will include a recommendation on timing and content, of future reports including whether to continue the Program and for how long, and any recommended changes.

10. Indemnification: To the full extent allowed by law, SOS shall defend (with counsel acceptable to City), indemnify and hold harmless City and its officers, officials, agents and employees (collectively, Indemnitees) from and against any and all claims, demands, suits, actions, administrative proceedings, regulatory proceedings, civil penalties, fines, damages, costs, expenses (including without limitation reasonable attorneys' fees and costs of litigation), judgments or liabilities (collectively, "Liability"), of every nature arising out of or in connection 3 I Page
Exhibit B
Agenda Item #6.1:

with the Safe Parking Program at the Premises, including without limitation death, personal injury or property damage caused by or suffered by a Participant on or adjacent to the Premises; except such Liability resulting from the sole negligence or willful misconduct of Indemnitees.

SOS shall provide a "Certificate of Liability Insurance" naming City, its officers, officials, agents and employees as additional insureds, in form and content acceptable to City, prior to commencement of the Program at the Premises. Among other things, said insurance shall cover SOS' indemnification obligations under this Section 10. The defense and indemnity obligations of this MOU are undertaken in addition to, and shall not be limited in any way, by SOS's insurance obligations, and shall survive expiration or the earlier termination of this MOU. SOS shall notify City immediately in the event of any accident, damage or injury arising out of or in connection with the Program and/or performance under this MOU.

11. Compliance with Laws: SOS shall fully comply with all applicable local, state and federal laws, statutes, ordinances, rules and regulations relating to the Participants' use of the Designated Spaces and Premises.

12. Condition of Property and Improvements: City makes no representations or warranties regarding the suitability of the Designated Space for overnight sleeping or regarding conditions of the improvements in or on the Premises.

13. Alterations: SOS shall not alter or make improvements to the Designated Spaces, the parking lot, or any portion of the Premises without the express written approval of the City.

14. Governing Law: This MOU is governed by the laws of the State of California.

15. Whole Agreement: This MOU, including its recitals and Appendix A, constitutes the entire agreement between the parties related to the use of the Premises and the Designated Spaces and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties related thereto.

16. Amendments: Any amendments to this MOU shall be in writing and executed by both parties.

17. Severability: If any provision of this MOU is held to be invalid or unenforceable with respect to any party, the remainder of this MOU or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this MOU shall be valid and enforceable to the fullest extent permitted by law.

18. No Waiver: The waiver by either party of any term, covenant, agreement or condition contained in this MOU shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, agreement or condition contained in this MOU.

19. Authority of Signatories. The signatories to this MOU represent and warrant that they are authorized to sign this MOU on behalf of, and thereby to bind, the parties for whom they are signing.
41 Page
Exhibit B
Agenda Item #6.1:

20. Notices. Any notices required to be given pursuant to this MOU shall be in writing and may be delivered personally, by U.S. mail, facsimile or email, to the addresses below or such other addresses as a party may subsequently provide:
a. To City:
b. To SOS:

City of Sonoma
1, The Plaza
Sonoma, CA 95476
Attention: City Manager
Fax: (707) 938-2559
Email: [email protected]
Sonoma Overnight Support
151 First Street West
Sonoma, CA 95476
Attention: Executive Director
Fax: (707) 938-7960
Email: [email protected]
Personal delivery shall be effective immediately. Certified or registered mail, return receipt requested, shall be deemed delivered on receipt if delivery is confirmed by a return receipt.

Facsimile and email delivery shall be deemed delivered on transmittal, absent a message to sender indicating a failure of delivery.

21. No Third-Party Beneficiaries. The parties hereto do not intend to create, and nothing in this MOU shall be construed to create, any benefit or right in any third party.

22. Parties Not Co-Venturers. Nothing in this MOU is intended to or shall establish the parties hereto as partners, co-venturers, or principal and agent with one another.

IN WITNESS WHEREOF, City and SOS have executed this MOU as of the last date set forth below.

City of Sonoma
Date:

Sonoma Overnight Support
5 I Page
___________________________
Sue Casey, Acting City Manager
Date:
_______________________________
Kathy King, Executive Director
Exhibit B
Agenda Item #6.1:

APPENDIX A to
Memorandum of Understanding (MOU)
for Safe Parking Program

SONOMA OVERNIGHT SUPPORT
Safe Parking Rules and Guidelines

1. Participants will be screened and selected by SOS with a preference for women, children, and seniors; and with a geographical preference for City of Sonoma and Sonoma Valley residents.

2. Written agreement with participants and compliance with SOS rules is required.

3. Each participant and his/her household members registered with SOS for the Safe Parking Program will be checked against the statewide Megan's Law database and any person found on such database will be disqualified from the program.

4. The Safe Parking written agreement between SOS and each participant will contain the following rules and requirements:
a. Safe Parking hours are daily from 10:00 pm to 9:00 am. However, participants must vacate the parking lot during Safe Parking hours if advised by SOS or City Police that the parking lot is required to be used for community emergency services.
b. Each participant and his/her household members must register with the SOS case manager and provide copies of a valid CA Driver's License and vehicle registration for their vehicle.
c. Each vehicle may only be occupied by registered participants and their household members. Guests are prohibited.
d. Each vehicle will be assigned a Safe Parking spot that will either be in front of the Haven or in the middle area of the parking lot. No Safe Parking spaces will be allowed next to the Field of Dreams.
e. No RVs or any vehicle that has self-contained living quarters (a bed and a kitchen) will be allowed.
6 I Page
Exhibit B
Agenda Item #6.1:

f. No alcohol or illicit drugs will be allowed in the vehicle or consumed on the premises.
g. No smoking is permitted outside on the premises. Smoking is only permitted inside a closed vehicle.
h. Cooking or food preparation is prohibited on the premises.

1. Littering is prohibited. All trash must be properly disposed in the SOS receptacles, not in the parking lot dumpster.

J· Participants and their household members must exclusively use the SOS sanitation facilities (porta-potty provided by SOS).
k. No music may be played that is audible in the surrounding area or that is so loud as to disturb other participants or the neighbors.

1. Participants must comply with all applicable local, state, and federal laws, rules and regulations and any other rules as outlined by SOS. m. Peaceful behavior must be maintained at all times. Weapons, violence, and/or threats are not permitted and will be cause for permanent dismissal from the program and from all SOS services.
n. All participants and their household members will be required to sign up with SOS' three community housing partners within 30 days of registering for Safe Parking: The SHARE Program, Interfaith Shelter Network (Coordinated Entry and Rapid Re-Housing) and Whole Person Care.
o. Loitering is prohibited. All Safe Parking participants and their household members must leave the parking lot between the hours of 1:00 pm (when SOS day services end) and 10:00 pm (when Safe Parking hours begin).

5. SOS will exit anyone who fails to comply with any of these guidelines and rules and give them a "pink slip". The pink slip will be for overnight or for 24 hours at SOS' discretion. If the violation has to do with substance abuse, the participant and household members will be tested as a condition of their re-entry to the Safe Parking program and must not test positive for alcohol or illicit drugs. Any second failure to comply with any of these guidelines and rules will result in immediate termination and expulsion from the Safe Parking program and all other SOS services. 7 J Page
Exhibit B
Agenda Item #6.1:

6. SOS will provide overnight monitoring from a Security Company whose employees will drive through the premises three times during the evening and early morning hours. City police will also monitor the parking area to ensure that only participants' vehicles are parked there. Each Participant's vehicle will be provided with a numbered placard to be displayed in the back windshield of the vehicle as identification of participation in the SOS Safe Parking Program.

7. Approximately six months after the date the Safe Parking program begins, SOS, the City Council Subcommittee on homeless issues, City Staff and City police will conduct a review of the program which will include meeting with stakeholders including neighbors of the Haven. The review participants will provide a report on the program to the City Council. The report will include a recommendation on timing and content of future reports including whether to continue the program and for how long, and any recommended changes.
8 I Page
Exhibit B
Agenda Item #6.1:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 Jun 2022
Department
Administration
Staff Contact
David J. Ruderman, Assistant City Attorney
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Adopt an Ordinance Repealing Sonoma Municipal Code Chapter 2.02, Campaign Contribution Limitations, and Adding Sonoma Municipal Code Chapter 2.02, Campaign Finance Regulations and Raising the Contribution Limits to Five Hundred Dollars; or Introduce an Ordinance Repealing Sonoma Municipal Code Chapter 2.02, Campaign Contribution Limitations, and Adding Sonoma Municipal Code Chapter 2.02, Campaign Finance Regulations, Raising the Contribution Limits to Five Hundred Dollars for Both Monetary and In Kind Contributions Summary
On April 20, 2022, the City Council considered its campaign contribution limits and whether to raise them or repeal Chapter 2.02 in its entirety and revert to the State's limit. After much discussion, it was the consensus of the Council to maintain local contribution limits but raise them to either $500 or $800 dollars.

Other changes included removing the distinction between monetary and non-monetary contributions, removing the voluntary expenditure limit, and expanding regulations to address campaign finance in general and enforcement in particular.

At the meeting of June 1, 2022, the City Council decided to make the new limit $500 and introduced the ordinance. The ordinance that was introduced did not include a limit for "in-kind" or non-monetary contributions of good or services, and instead included language that read, "The provision of this Section shall not apply to any ‘in-kind’ contributions.”
Since that time, there has been a concern raised that the above noted language was confusing and having no limit on non-monetary contributions could lead to an individual contributing large sums as in-kind contributions, though the candidate would still be required to report such contributions. An option "B" is attached that removes the language in question, and in essence makes both monetary and non-monetary or in kind contributions subject to the $500 limit. Examples of in-kind contributions that would be affected include:
• Signs, postage, and printing
• Food and entertainment provided for a fundraiser
• Discounts or rebates that are not extended to the general public • Mailing lists, mailings, and other advertising
• Use of an office, automobile, or airplane
• Mail production, postage, printing, shipping, data and graphics • Media consulting services
• Video services
Agenda Item #6.2:

• Food for volunteers
• Slate mailer/slate cards
• Campaign materials, flyers for rally, buttons, t-shirts The Council can proceed with the adoption of the original ordinance or it can introduce the new “Option B" ordinance. If the Council chooses to go with “Option B" then it would introduce the ordinance at the meeting of June 15 and adopt the ordinance at a regular meeting on June 21, 2022. This ordinance would go into effect 30 days later on July 21, 2022, three days after the filing period for nomination papers opens (July 18 – August 12 or 17 pending on incumbent filing).

The Council therefore has these two options at the meeting:

1. Adopt the original ordinance the Council introduced on June 1, 2022, which will be effective on July 15, 2022; or

2. Introduce the “Option B” ordinance, imposing a $500 limit on monetary and in-kind contributions, in which case the Option B ordinance will come back for adoption on June 21, and become effective July 21, 2022.

SUMMARY FROM PREVIOUS CONSIDERATION:

In response to previous Council members’ worries that campaign spending had begun to get out of control and that local citizens would not be able to afford to run for City Council, in 2002 the City enacted its Campaign Contribution Ordinance (codified as Chapter 2.02 of the Municipal Code). This ordinance limits monetary and non-monetary contributions to City Council candidates. These limits are still in place. No person or committee can make a monetary contribution more than $100 or a non-monetary contribution more than $400 to a single candidate.

In 2019, the Legislature enacted Assembly Bill 571 (“AB 571”), which amended the Elections Code and Government Code section 85301 to establish campaign contribution limits for elective city offices in a city in which the local government has not established a campaign contribution limit. AB 571 created identical campaign contribution limits for county or city offices as those imposed on candidates for the state Senate and Assembly. Effective January 1, 2021, for cities without local campaign contribution limitations, the State campaign contribution limit for candidates for city elective offices was $4,900 per election, subject to certain exceptions, and is subject to adjustment every two years by the Fair Political Practices Commission (FPPC) based on changes in the consumer price index.

Because Sonoma’s City Council enacted Chapter 2.02 of the City’s Municipal Code in 2002, at the present time, AB 571 does not apply to the City of Sonoma.

The following cities in Sonoma County and Marin County have imposed local contribution limits (two imposing no limits):

Agenda Item #6.2:

SUMMARY OF PROPOSED ORDINANCES:

Both ordinances before the Council contain the following provisions. They would amend Chapter 2.02 of the Sonoma Municipal Code to increase local campaign contribution limitations to $500 for City Council Candidates.

Under the ordinances, Council candidates and committees would be prohibited from accepting any contribution if it would cause the total contribution from that donor to exceed $500 during any City election cycle. This contribution limit will adjust with inflation. The ordinances define an election cycle in which the contribution limit will apply. The ordinances do not apply a contribution limit to recall elections for City Council, which is consistent with the default State rules under AB 571.

Contribution limitations in the ordinances include the provision or forgiveness of loans for candidates, consistent with state law. A contribution would not be considered accepted by a candidate if it is returned to the donor within 14 days of receipt. The ordinances further govern contributions for the purpose of retiring outstanding debt and corresponding reporting requirements.

The ordinances also expressly provide that, if the ordinance does not cover a particular campaign regulation issue, then the general rules under the Political Reform Act apply. Both ordinances remove the voluntary expenditure limit.

Additionally, because the FPPC will not enforce a City’s campaign contribution limit, the ordinances will impose administrative civil penalties for violations of its provisions. No criminal enforcement is authorized. Any person who violates the ordinances’ contribution limits would be subject to a fine equal to three times the amount by which the contribution exceeds the applicable contribution limit, or the sum of $500, whichever is greater, for each violation. All other violations would be subject to a $500 fine. The ordinances provide for an opportunity to cure any unknowing violation by returning the contribution to the donor or to the City General Fund within 14 days of becoming aware of the contribution. The ordinances also provide for recovery of attorneys’ fees and costs for civil enforcement.

Agenda Item #6.2:

The only difference between the two ordinances is that the original ordinance will not apply to “inkind” contributions, that is, goods or services received by a candidate or committee at no charge or at a discount from the fair market value. The “Option B” ordinance treats in kind contributions the same as cash contributions, and imposes a $500 limit on them as well, as adjusted for inflation.

Recommended Council Action
Council discretion.

Alternative Actions

1. Adopt the original ordinance.

2. Introduce Option "B" ordinance.

Financial Impact
There are no financial impacts from either action, though the City may incur costs to enforce the Ordinance in the future.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Ordinance Amending Campaign Finance Regulations - 500
Option B - Ordinance Amending Campaign Finance Regulations - No In-Kind Exemption Agenda Item #6.2:

1 City of Sonoma
ORDINANCE #____-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA
AMENDING CHAPTER 2.02 OF TITLE 2 OF THE CITY OF SONOMA

MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION AND

FINANCING REGULATIONS
WHEREAS, in 2002, the City Council adopted campaign contribution limitations upon finding it was in the public interest to place realistic and enforceable limits on the amounts which may be contributed to political campaigns in municipal elections; and WHEREAS, beginning January 1, 2021, cities unlike Sonoma that do not impose local limitations on campaign contributions are governed by a default contribution limit set at the same amount as it is for state elected officials, as adjusted by the Fair Political Practices Commission (“FPPC”) under Government Code sections 85301 and 83124, which is currently Four Thousand Nine Hundred Dollars ($4,900.00) per election; and WHEREAS, Government Code section 85702.5 provides a city may continue to impose local limitations on campaign contributions to candidates for elective city offices that are different from the limits established by Government Code sections 85301 and 83124; and
WHEREAS, the City Council desires to amend the Municipal Code to update the limitations on the amount of campaign contributions City Council candidates may receive during municipal elections and again finds it is in the public interest to provide realistic and enforceable regulations on political campaigns in municipal elections while ensuring democratic accountability.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SONOMA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Repeal of Chapter 2.02
Chapter 2.02, “Campaign Contribution Limitations” of Title 2 of the City of Sonoma Municipal Code is hereby repealed in its entirety.

SECTION 2. Addition of Chapter 2.02
Chapter 2.02, “Campaign Finance Regulations,” is hereby added to Title 2 “Administration and Personnel” of the City of Sonoma Municipal Code, to read as follows:

Chapter 2.02

CAMPAIGN FINANCE REGULATIONS
Sections:

Agenda Item #6.2:

2 2.02.010 Findings and Purpose

2.02.020 Definitions

2.02.030 Contribution Limitations – Council Candidates

2.02.040 Election Cycles

2.02.050 Aggregation of Contributions

2.02.060 Loans to Candidates and Controlled Committees

2.02.070 Outstanding Debt Retirement Reporting

2.02.080 Multiple Campaign Committees

2.02.090 Enforcement

2.02.010 Findings and Purpose.

Under the authority granted to the city council by Government Code section 85702.5, the city council hereby finds that it is in the public interest to place realistic and enforceable limits on the amounts which may be contributed to political campaigns in municipal elections while ensuring democratic accountability.

To the extent not specifically provided in this Chapter, the Political Reform Act of 1974 shall govern campaign regulations in municipal elections, as that Act may be amended from time to time.

2.02.020 Definitions.

A. “Candidate” means any individual who is a candidate for a Councilmember office in a city election.

B. “Indebted Former Candidate” means any individual who was a candidate at any city election and who has campaign debt remaining from such election after expiration of the election cycle for the office of which they were a candidate.

C. “Election cycle” means the applicable period as set forth in Section 2.02.040 of this Chapter.

D. “Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.

E. “City election” means any general election or special election, but not a recall election.

F. Unless expressly defined in this Chapter, or the contrary is stated or clearly appears from the context, words, and phrases in this Chapter shall have the same definition and meaning as when they are used in the Political Reform Act of 1974, as that Act may be amended from time to time.

Agenda Item #6.2:

3 2.02.030 Contribution Limitations
A. No candidate shall solicit or accept any contribution that will cause the total contributions to that candidate from any person to exceed Five Hundred Dollars ($500.00) during any city election cycle. The receipt of any contribution which would cause the total amount of contributions to a candidate from a single person to exceed Five Hundred Dollars ($500.00) shall prompt the return of any such excess to the donor.

The provisions of this Section shall not apply to contributions by a candidate of their own funds to their own controlled committee. Contributions by the spouse of a candidate from such spouse’s separate property shall be subject to the contribution limits. The provision of this Section shall not apply to any “in-kind” contributions.

B. No controlled committee of a candidate, or a committee formed primarily to support or oppose a candidate being voted upon in the general election, shall solicit or accept any contributions that will cause the total contributions to that committee from any person to exceed Five Hundred Dollars ($500.00) during any city election. The receipt of any contribution which would cause the total amount of contributions to such a committee from a single person to exceed Five Hundred Dollars ($500.00) shall prompt the return of any such excess to the donor. The provision of this Section shall not apply to any “in-kind” contributions.

C. No person shall make, and no Councilmember or Indebted Former Candidate or Treasurer of any controlled committee of any Councilmember or Indebted Former Candidate shall solicit or accept, any contributions for the purpose of retiring outstanding debt from a prior city election which would cause the total amount contributed by such person to such Councilmember or Indebted Former Candidate or to their controlled committee to exceed Five Hundred Dollars ($500.00) for the election in which the outstanding debt was incurred, regardless of when the contribution(s) is made or received.

D. A contribution shall not be considered received or accepted if it is not negotiated, deposited, or utilized and, in addition, is returned to the contributing person within fourteen (14) days of receipt.

E. The city clerk shall adjust the contribution limitations in Subsections (A) through (C) of this Section in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest ten dollars ($10).

2.02.040 Election Cycles.

A. General Elections. For purposes of any General Election for city council, the term “election cycle” as used in this Chapter shall mean the period commencing on January 1st of the year following a year in which a city council election is held and ending on December 31st of the year in which the next succeeding election is held for that office.

B. Special Elections. For purposes of any Special Election for city council, the term “election cycle” as used in this Chapter shall mean the period commencing on the date Agenda Item #6.2:

4 a Special Election is called by the city council and ending on the thirtieth (30th) day following said Special Election.

C. Recall Elections. This Chapter shall not apply to any recall election for city council.

D. Campaign Debt. Nothing in this Chapter shall prohibit Indebted Former Candidates and/or their controlled campaign committee from soliciting and receiving funds to pay off their campaign debt in accordance with the provisions of this Chapter after the end of the election cycles defined above.

2.02.050 Aggregation of Contributions.

The contributions of any person whose contributions are directed and controlled by another person shall be aggregated with those of the controlling person for purposes of the contribution limits. Contributions by a married person shall be treated as the separate contributions of such person and shall not be aggregated with any contributions of the spouse of such person. Contributions by children under the age of Fiveeen (18) years shall be treated as contributions by their parent(s) or legal guardian(s); one-half (1/2) of such contribution shall be attributed to each parent or guardian unless only one (1) parent or legal guardian has sole custody of such child in which case any such contributions shall be attributed solely to the custodial parent or guardian.

2.02.060 Loans to Candidates and Controlled Committees.

A. A loan shall be considered a contribution from the maker and the guarantor of the loan and shall be subject to the contribution limitations of this Chapter.

B. The proceeds of a loan made to a candidate by a commercial lending institution in the regular course of business on the same terms available to members of the public shall not be subject to the contribution limitations of this Chapter if the loan is made directly to the candidate. The guarantors of such a loan shall remain subject to the contribution limits of this Chapter.

C. Extensions of credit (other than loans pursuant to Subsection (B) of this Section) for a period of more than thirty (30) days are subject to the contribution limitations of this Chapter.

1. An “extension of credit” means the provision of goods or services for which payment in full is not received. An extension of credit is deemed to begin by the earlier of two (2) dates:
a. Fifteen (15) days after the date specified on the invoice for payment; or b. Forty-Five (45) days from the date the goods or services were delivered.

Agenda Item #6.2:

5 2. “Payment in full” means payment of not less than fair market value for the goods or services provided.

3. If all of the following criteria are satisfied by a provider or vendor of goods or services, it shall be a complete defense for the provider or vendor of the goods or services in any enforcement action initiated by the city:
a. The credit arrangement was recorded in a written instrument; b. It is a primary business of the provider or vendor of goods or services to provide similar goods or services;
c. The provider or vendor of goods or services provided the goods or services in the ordinary course of business and on the same terms and conditions offered to customers generally;
d. The provider or vendor of goods or services did not have actual knowledge that the candidate or committee would not be able to pay within the time limit specified;
e. The provider or vendor of goods or services made reasonable efforts to collect the full amount of the payment owed within one hundred twenty (120) days of the date specified;
f. The provider or vendor of goods or services entered into the agreement with the intent that the candidate or committee would be required to pay within the time limit specified; and
g. The provider or vendor of goods or services did not extend any additional credit to the candidate or their controlled committee when the candidate or their controlled committee already had an extension of credit for more than thirty (30) days outstanding with the same provider or vendor of goods or services.

D. This Section shall apply only to loans and extensions of credit used or intended for use for campaign purposes or which are otherwise connected with the holding of public office.

2.02.070 Outstanding Debt Retirement and Reporting.

A. Any Councilmember, or Indebted Former Candidate, or any controlled committee of any such officer or candidate, accepting any contribution(s) for the purpose of retiring outstanding debt from a prior city election are required by state law to report such contributions on Schedule A of Fair Political Practices Commission Form 460, or any successor form thereto, and shall, at the time required for the reporting of such contributions on Schedule A and in addition to any other reporting requirements under state law, clearly designate on said Schedule A (i) which contributions were received for Agenda Item #6.2:

6 the purpose of retiring outstanding debt and (ii) for which prior city election such contributions were received.

B. Any contribution accepted for the purpose of retiring outstanding debt from a prior city election shall be applied to reduce or retire said outstanding debt in the same reporting period in which such contribution was accepted. The application of any contribution to retire outstanding debt from a prior city election (i.e., repayment of outstanding loans and payment of accrued expenses) shall be itemized and identified on the appropriate schedules and on the summary page of Form 460, or any successor form thereto, provided by the Fair Political Practices Commission.

C. If a Councilmember, or Indebted Former Candidate, or a controlled committee of any such officer or candidate, receives contributions for the purpose of retiring outstanding debt from a prior city election and the amount of the contributions exceeds the amount of the debt, the excess funds may be used for any other campaign or officeholder expense and shall not be subject to the aggregation requirements set forth in this Chapter in the election cycle in which the excess funds are expended.

2.02.080 Multiple Campaign Committees.

A. A candidate shall have no more than one (1) controlled committee, and such controlled committee shall have only one (1) bank account out of which all qualified campaign and officeholder expenses related to that office shall be made.

B. This Section does not prevent a candidate from establishing another controlled committee solely for the purpose of running for a state, federal, county, or other elective office or for opposing his or her recall.

2.02.090 Enforcement.

A. No Criminal Penalties. Notwithstanding any other provision of the city of Sonoma Municipal Code, any violation of any provision of this Chapter shall be enforceable solely as provided in this Section.

B. Civil Liability. Any person who fails to comply with any provision or requirement of this Chapter shall be strictly liable to the city of Sonoma in a sum not to exceed the following amount for each such violation:

1. For the making or accepting of any contribution in excess of the applicable contribution limits specified in this Chapter, a sum equal to three (3) times the amount by which the contribution exceeds the applicable contribution limit, or the sum of Five Hundred Dollars ($500.00), whichever is greater, for each violation.

2. For any other violation of this Chapter, the sum of Five Hundred Dollars ($500.00) for each violation.

C. Right to Cure Unknowing Violation. In the event a candidate accepts a contribution and then becomes aware it is in violation of the contribution limit, that Agenda Item #6.2:

7 violation by the candidate may be excused if the candidate returns the contribution or contributes it to the city general fund within fourteen (14) days of becoming aware of the violation.

D. Debt Owing to City. Any amount due from any person pursuant to this Section shall be a debt due and owing upon demand to the general fund of the city of Sonoma.

E. In addition to the sums provided for above, any person who is found liable for a violation of this Chapter shall also be liable for the reasonable attorneys’ fees and costs incurred by the plaintiff in any civil proceeding brought to enforce the provisions hereof.

SECTION 3. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 4. Effective Date.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 5. Publication.

This ordinance shall be published in accordance with the provisions of Government Code Section 36933(c)(1).

APPROVED:

Jack Ding, Mayor
ATTEST:
_________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #6.2:

8 * * * * * *
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on the ______, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #6.2:

1 284349.v1
City of Sonoma
ORDINANCE #____-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA
AMENDING CHAPTER 2.02 OF TITLE 2 OF THE CITY OF SONOMA

MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION AND

FINANCING REGULATIONS
WHEREAS, in 2002, the City Council adopted campaign contribution limitations upon finding it was in the public interest to place realistic and enforceable limits on the amounts which may be contributed to political campaigns in municipal elections; WHEREAS, beginning January 1, 2021, cities unlike Sonoma that do not impose local limitations on campaign contributions are governed by a default contribution limit set at the same amount as it is for state elected officials, as adjusted by the Fair Political Practices Commission (“FPPC”) under Government Code sections 85301 and 83124, which is currently Four Thousand Nine Hundred Dollars ($4,900.00) per election; WHEREAS, Government Code section 85702.5 provides a city may continue to impose local limitations on campaign contributions to candidates for elective city offices that are different from the limits established by Government Code sections 85301 and 83124; and
WHEREAS, the City Council desires to amend the Municipal Code to update the limitations on the amount of campaign contributions City Council candidates may receive during municipal elections and again finds it is in the public interest to provide realistic and enforceable regulations on political campaigns in municipal elections while ensuring democratic accountability.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SONOMA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Repeal of Chapter 2.02
Chapter 2.02, “Campaign Contribution Limitations” of Title 2 of the City of Sonoma Municipal Code is hereby repealed in its entirety.

SECTION 2. Addition of Chapter 2.02
Chapter 2.02, “Campaign Finance Regulations,” is hereby added to Title 2 “Administration and Personnel” of the City of Sonoma Municipal Code, to read as follows:

Chapter 2.02

CAMPAIGN FINANCE REGULATIONS
Sections:

Agenda Item #6.2:

2 284349.v1

2.02.010 Findings and Purpose

2.02.020 Definitions

2.02.030 Contribution Limitations – Council Candidates

2.02.040 Election Cycles

2.02.050 Aggregation of Contributions

2.02.060 Loans to Candidates and Controlled Committees

2.02.070 Outstanding Debt Retirement Reporting

2.02.080 Multiple Campaign Committees

2.02.090 Enforcement

2.02.010 Findings and Purpose.

Under the authority granted to the city council by Government Code section 85702.5, the city council hereby finds that it is in the public interest to place realistic and enforceable limits on the amounts which may be contributed to political campaigns in municipal elections while ensuring democratic accountability.

To the extent not specifically provided in this Chapter, the Political Reform Act of 1974 shall govern campaign regulations in municipal elections, as that Act may be amended from time to time.

2.02.020 Definitions.

A. “Candidate” means any individual who is a candidate for a Councilmember office in a city election.

B. “Indebted Former Candidate” means any individual who was a candidate at any city election and who has campaign debt remaining from such election after expiration of the election cycle for the office of which they were a candidate.

C. “Election cycle” means the applicable period as set forth in Section 2.02.040 of this Chapter.

D. “Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.

E. “City election” means any general election or special election, but not a recall election.

F. Unless expressly defined in this Chapter, or the contrary is stated or clearly appears from the context, words, and phrases in this Chapter shall have the same definition and meaning as when they are used in the Political Reform Act of 1974, as that Act may be amended from time to time.

Agenda Item #6.2:

3 284349.v1

2.02.030 Contribution Limitations
A. No candidate shall solicit or accept any contribution that will cause the total contributions to that candidate from any person to exceed Five Hundred Dollars ($500.00) during any city election cycle. The receipt of any contribution which would cause the total amount of contributions to a candidate from a single person to exceed Five Hundred Dollars ($500.00) shall prompt the return of any such excess to the donor.

The provisions of this Section shall not apply to contributions by a candidate of their own funds to their own controlled committee. Contributions by the spouse of a candidate from such spouse’s separate property shall be subject to the contribution limits.

B. No controlled committee of a candidate, or a committee formed primarily to support or oppose a candidate being voted upon in the general election, shall solicit or accept any contributions that will cause the total contributions to that committee from any person to exceed Five Hundred Dollars ($500.00) during any city election. The receipt of any contribution which would cause the total amount of contributions to such a committee from a single person to exceed Five Hundred Dollars ($500.00) shall prompt the return of any such excess to the donor.

C. No person shall make, and no Councilmember or Indebted Former Candidate or Treasurer of any controlled committee of any Councilmember or Indebted Former Candidate shall solicit or accept, any contributions for the purpose of retiring outstanding debt from a prior city election which would cause the total amount contributed by such person to such Councilmember or Indebted Former Candidate or to their controlled committee to exceed Five Hundred Dollars ($500.00) for the election in which the outstanding debt was incurred, regardless of when the contribution(s) is made or received.

D. A contribution shall not be considered received or accepted if it is not negotiated, deposited, or utilized and, in addition, is returned to the contributing person within fourteen (14) days of receipt.

E. The city clerk shall adjust the contribution limitations in Subsections (A) through (C) of this Section in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest ten dollars ($10).

2.02.040 Election Cycles.

A. General Elections. For purposes of any General Election for city council, the term “election cycle” as used in this Chapter shall mean the period commencing on January 1st of the year following a year in which a city council election is held and ending on December 31st of the year in which the next succeeding election is held for that office.

Agenda Item #6.2:

4 284349.v1
B. Special Elections. For purposes of any Special Election for city council, the term “election cycle” as used in this Chapter shall mean the period commencing on the date a Special Election is called by the city council and ending on the thirtieth (30th) day following said Special Election.

C. Recall Elections. This Chapter shall not apply to any recall election for city council.

D. Campaign Debt. Nothing in this Chapter shall prohibit Indebted Former Candidates and/or their controlled campaign committee from soliciting and receiving funds to pay off their campaign debt in accordance with the provisions of this Chapter after the end of the election cycles defined above.

2.02.050 Aggregation of Contributions.

The contributions of any person whose contributions are directed and controlled by another person shall be aggregated with those of the controlling person for purposes of the contribution limits. Contributions by a married person shall be treated as the separate contributions of such person and shall not be aggregated with any contributions of the spouse of such person. Contributions by children under the age of eighteen (18) years shall be treated as contributions by their parent(s) or legal guardian(s); one-half (1/2) of such contribution shall be attributed to each parent or guardian unless only one (1) parent or legal guardian has sole custody of such child in which case any such contributions shall be attributed solely to the custodial parent or guardian.

2.02.060 Loans to Candidates and Controlled Committees.

A. A loan shall be considered a contribution from the maker and the guarantor of the loan and shall be subject to the contribution limitations of this Chapter.

B. The proceeds of a loan made to a candidate by a commercial lending institution in the regular course of business on the same terms available to members of the public shall not be subject to the contribution limitations of this Chapter if the loan is made directly to the candidate. The guarantors of such a loan shall remain subject to the contribution limits of this Chapter.

C. Extensions of credit (other than loans pursuant to Subsection (B) of this Section) for a period of more than thirty (30) days are subject to the contribution limitations of this Chapter.

1. An “extension of credit” means the provision of goods or services for which payment in full is not received. An extension of credit is deemed to begin by the earlier of two (2) dates:

Agenda Item #6.2:

5 284349.v1
a. Fifteen (15) days after the date specified on the invoice for payment; or b. Forty-five (45) days from the date the goods or services were delivered.

2. “Payment in full” means payment of not less than fair market value for the goods or services provided.

3. If all of the following criteria are satisfied by a provider or vendor of goods or services, it shall be a complete defense for the provider or vendor of the goods or services in any enforcement action initiated by the city:
a. The credit arrangement was recorded in a written instrument; b. It is a primary business of the provider or vendor of goods or services to provide similar goods or services;
c. The provider or vendor of goods or services provided the goods or services in the ordinary course of business and on the same terms and conditions offered to customers generally;
d. The provider or vendor of goods or services did not have actual knowledge that the candidate or committee would not be able to pay within the time limit specified;
e. The provider or vendor of goods or services made reasonable efforts to collect the full amount of the payment owed within one hundred twenty (120) days of the date specified;
f. The provider or vendor of goods or services entered into the agreement with the intent that the candidate or committee would be required to pay within the time limit specified; and
g. The provider or vendor of goods or services did not extend any additional credit to the candidate or their controlled committee when the candidate or their controlled committee already had an extension of credit for more than thirty (30) days outstanding with the same provider or vendor of goods or services.

D. This Section shall apply only to loans and extensions of credit used or intended for use for campaign purposes or which are otherwise connected with the holding of public office.

2.02.070 Outstanding Debt Retirement and Reporting.

A. Any Councilmember, or Indebted Former Candidate, or any controlled committee of any such officer or candidate, accepting any contribution(s) for the purpose of retiring Agenda Item #6.2:

6 284349.v1
outstanding debt from a prior city election are required by state law to report such contributions on Schedule A of Fair Political Practices Commission Form 460, or any successor form thereto, and shall, at the time required for the reporting of such contributions on Schedule A and in addition to any other reporting requirements under state law, clearly designate on said Schedule A (i) which contributions were received for the purpose of retiring outstanding debt and (ii) for which prior city election such contributions were received.

B. Any contribution accepted for the purpose of retiring outstanding debt from a prior city election shall be applied to reduce or retire said outstanding debt in the same reporting period in which such contribution was accepted. The application of any contribution to retire outstanding debt from a prior city election (i.e., repayment of outstanding loans and payment of accrued expenses) shall be itemized and identified on the appropriate schedules and on the summary page of Form 460, or any successor form thereto, provided by the Fair Political Practices Commission.

C. If a Councilmember, or Indebted Former Candidate, or a controlled committee of any such officer or candidate, receives contributions for the purpose of retiring outstanding debt from a prior city election and the amount of the contributions exceeds the amount of the debt, the excess funds may be used for any other campaign or officeholder expense and shall not be subject to the aggregation requirements set forth in this Chapter in the election cycle in which the excess funds are expended.

2.02.080 Multiple Campaign Committees.

A. A candidate shall have no more than one (1) controlled committee, and such controlled committee shall have only one (1) bank account out of which all qualified campaign and officeholder expenses related to that office shall be made.

B. This Section does not prevent a candidate from establishing another controlled committee solely for the purpose of running for a state, federal, county, or other elective office or for opposing his or her recall.

2.02.090 Enforcement.

A. No Criminal Penalties. Notwithstanding any other provision of the city of Sonoma Municipal Code, any violation of any provision of this Chapter shall be enforceable solely as provided in this Section.

B. Civil Liability. Any person who fails to comply with any provision or requirement of this Chapter shall be strictly liable to the city of Sonoma in a sum not to exceed the following amount for each such violation:

Agenda Item #6.2:

7 284349.v1

1. For the making or accepting of any contribution in excess of the applicable contribution limits specified in this Chapter, a sum equal to three (3) times the amount by which the contribution exceeds the applicable contribution limit, or the sum of Five Hundred Dollars ($500.00), whichever is greater, for each violation.

2. For any other violation of this Chapter, the sum of Five Hundred Dollars ($500.00) for each violation.

C. Right to Cure Unknowing Violation. In the event a candidate accepts a contribution and then becomes aware it is in violation of the contribution limit, that violation by the candidate may be excused if the candidate returns the contribution or contributes it to the city general fund within fourteen (14) days of becoming aware of the violation.

D. Debt Owing to City. Any amount due from any person pursuant to this Section shall be a debt due and owing upon demand to the general fund of the city of Sonoma.

E. In addition to the sums provided for above, any person who is found liable for a violation of this Chapter shall also be liable for the reasonable attorneys’ fees and costs incurred by the plaintiff in any civil proceeding brought to enforce the provisions hereof.

SECTION 3. CEQA
This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. City Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a text amendment and addition without any physical project being approved, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Ordinance is therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.

SECTION 4. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, Agenda Item #6.2:

8 284349.v1
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. Effective Date.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 6. Publication.

This ordinance shall be published in accordance with the provisions of Government Code Section 36933(c)(1).

APPROVED:

Jack Ding, Mayor
ATTEST:
_________________________
Rebekah Barr, MMC, City Clerk
* * * * * *
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on the ______, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #6.2:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 Jun 2022
Department
Planning and Community Services
Staff Contact
David A. Storer, AICP, Director, Jeffrey A.

Walter, City Attorney
Agenda Item Title
Discussion, consideration, and possible action to adopt a Resolution approving an agreement with SOPARC, LLC, (SPARC) relating to Public/Community Benefits and Indemnification for its retail storefront commercial cannabis business located at 19315 Highway 12, Sonoma. (APN: 127-740-001).

Summary
As part of the process to establish a retail storefront commercial cannabis business in the City, SPARC is required to enter into an agreement prior to being granted a Commercial Cannabis Business Permit (CCBP) that identifies its “Community Benefits” and that also provides the City with indemnification. The attached “Public Benefits and Indemnification Agreement” fulfils SPARC’s obligation that was imposed as part of the Conditional Certificate that was awarded to it by the City Council by Resolution No. 72-2020 on December 14, 2020.

See attached. SPARC is currently operating under a temporary CCBP which is due to expire on July 20, 2022.

The attached agreement contains specific implementation requirements regarding SPARC’s public/community benefits that it is providing. The public/community benefits found in Section

3.2 and Exhibit G of the agreement are briefly summarized below:

1. SPARC will pay 5% of its profits or $20,000, whichever is greater, to the Sonoma Valley Educational Foundation (SVEF) and the La Luz Center (La Luz), to be used by these non-profit organizations to address mental health and trauma issues;

2. SPARC will add to its current "compassion program" giving no less than $4,000 a month or $48,000 a year worth of free cannabis and cannabis products to those most in need of medicinal assistance residing in the City of Sonoma or in the immediate surroundings;

3. SPARC will partner with the Sweetleaf Collective, a charity organization that has been providing free medical cannabis to HIV/AIDS and Cancer patients in the Bay Area since 1996 and SPARC will sell Sweetleaf Collective's accessories in the store on the Premises in addition to identifying residents of Sonoma and the immediate surroundings who are eligible to participate in the program;

4. SPARC shall pay its employees a wage above the "living wage" as defined in Chapter

2.70 of the Sonoma Municipal Code;

5. SPARC will hire employees 80% of whom shall reside within the Sonoma Valley which is defined to include the area bounded on the south by San Pablo Bay, on the west by Sonoma Mountain, on the east by the Mayacamas Mountains and on the north by the southern and eastern boundaries of the City of Santa Rosa; and

6. SPARC will provide a Labor Peace Agreement (LPA) that includes card-check neutrality throughout the operation of its business at 19315 Highway 12, Sonoma.

Agenda Item #6.3:

The above public/community benefits provided to the City by SPARC are in addition to the collection of the 4% Cannabis Business Tax collected by the City pursuant to Chapter 5.38 of the Sonoma Municipal Code.

Recommended Council Action
Approve the Resolution that approves an agreement which provides public/community benefits and indemnification by SPARC.

Alternative Actions

1. Direct staff to make changes to the agreement and return at a later date.

2. Deny the Resolution and direct staff to return at a later date.

3. City Council discretion
Financial Impact
The agreement does not impose any financial obligation upon the City. All costs that relate to City time and effort to administer this agreement are paid to the City by SPARC.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
1_Resolution_agreement adopting public_community benefits and indemnification for SPARC 2_Resolution No. 72-2020, dated December 14, 2020, awarding a Conditional Certificate to SPARC
Alignment with Council Goals:

Not Applicable
Compliance with Climate Action 2020 Target Goals:

N/A
CC:
n/a
Agenda Item #6.3:

1 RESOLUTION NO. __ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA APPROVING AN AGREEMENT WITH SOPARC, LLC., (SPARC) THAT PROVIDES PUBLIC/COMMUNITY BENEFITS AND INDEMNIFICATION TO THE CITY PURSUANT TO ITS PREVIOUSLY AWARDED CONDITIONAL CERTIFICATE FOR SPARCS COMMERCIAL CANNABIS BUSINESS AT 19315 CA-12 IN ACCORDANCE WITH THE CITY’S

ADOPTED APPLICATION PROCEDURES AND GUIDELINES FOR COMMERCIAL CANNABIS RETAIL BUSINESSES (APN: 127-740-001).

WHEREAS, on 24 June 2019, the City Council adopted Ordinance No. 03-2019, which permits and regulates the establishment and operation of cannabis businesses in the City. Said Ordinance also created a process whereby persons (“Proposers”) desirous of opening and operating cannabis businesses may apply for the approvals and entitlements necessary to the establishment and operation of cannabis businesses in the City and have those Proposals acted upon by the City pursuant to procedures specified in the Ordinance;
WHEREAS, pursuant to Ordinance No. 03-2019, the City Manager and/or his/her designee has adopted procedures and regulations implementing said Ordinance and based thereon issued a Request for Proposals dated January 3, 2020, inviting Proposers to submit Proposals to the City for review and action;
WHEREAS, SPARC (sometimes, the “Applicant”) timely submitted a Proposal pursuant to and in response to said Request for Proposals in which the Applicant requested permission from the City to establish and operate a Retail Cannabis Store at 19315 – CA12, CA (“Site” or “Subject Property”); WHEREAS, the Applicant’s Proposal was vetted by the Proposal Review Committee (“PRC”), which recommended to the City Council that the City Council grant the Applicant a Conditional Certificate, subject to certain terms and conditions. By Resolution No. 72-2020, the City Council awarded SPARC a Conditional Certificate authorizing it to seek issuance of a CCBP (defined below), subject to certain conditions. SPARC’s proposed dispensary, as conditioned by City Council Resolution No. 72-2020, is hereinafter referred to as the “Retail Cannabis Store.”;
WHEREAS, pursuant to the City’s adopted Administrative Regulations, dated December 16, 2019, SPARC was required to include in its Proposal a description of the community benefits it was willing to offer to the City and its citizens for the opportunity to open and operate its Retail Cannabis Store in the City. In addition, Ordinance No. 03- 2019 provides that “any community benefits that a commercial cannabis business agrees to provide shall be incorporated into the terms and conditions under which the commercial cannabis business will operate with the City’s approval, if and when the Conditional Certificate is awarded. Said agreement may take the form of a written agreement and/or Agenda Item #6.3:

2 conditions of approval. Such terms and conditions shall be in addition to the requirements of this chapter.”;
WHEREAS, SPARC’s Proposal included a description of such community benefits, and this agreement is being entered into to memorialize that commitment. This agreement and its terms and conditions are incorporated into the conditions of approval made part of the Conditional Certificate granted to the Applicant. Additionally, this agreement and its terms and conditions shall be incorporated into any Commercial Cannabis Business Permit issued to the Applicant, and the Applicant’s breaches of this agreement shall be deemed violations of said Conditional Certificate and the Commercial Cannabis Business Permit (“CCBP”);
WHEREAS, additionally, pursuant to SMC §5.36.250, and as a condition precedent to issuance of a CCBP to the Applicant, the Applicant is required to enter into an agreement in a form approved by the City Attorney which indemnifies the City for certain liabilities and imposes insurance obligations on the Applicant. In part, this agreement satisfies the requirements specified in Section 5.36.250; WHEREAS, the Retail Cannabis Store is a conditional use in the commercial zoning district, and the Retail Cannabis Store, as proposed and conditioned in the City Council’s Resolution No. 72-2020 awarding SPARC a Conditional Certificate to operate a Retail Cannabis Store at the Site, complies with Ordinances No. 03-2019 and 04-2019 and the regulations promulgated thereunder;
WHEREAS, the agreement was presented to the City Council at a public meeting on June 15, 2022, for its review and consideration; and NOW, THEREFORE BE IT RESOLVED, that based on the findings and facts set forth herein and the record as a whole, the City Council approves the agreement with SOPARC, LLC, attached hereto and entittled PUBLIC BENEFIT AND

INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF SONOMA AND SOPARC, LLC (SPARC) and authorizes the City Manager to execute same on behalf of the City.

The City Manager is further authorized to make necessary modifications to said agreement consistent with the aforementioned Conditional Certificate, the use permit issued to SPARC, and Ordinance No. 03-2019, after consultation with and with the approval of the City Attorney.

NOW, THEREFORE BE IT ALSO RESOLVED, that unless a shorter limitation period applies, the time within which judicial review of this Resolution must be brought is governed by California Code of Civil Procedure, Section 1094.6.

NOW, THEREFORE BE IT ALSO RESOLVED, that the City Council hereby finds that the agreement is not a project subject to CEQA because such an agreement does not entitle SPARC to any specific use or to establish or operate anything and thus, the agreement will not make a direct or indirect change on the physical environment. Notwithstanding the above, in the event that the agreement were determined to be a “project” Agenda Item #6.3:

3 pursuant to CEQA, the City Council hereby finds such to be Categorically Exempt from the requirements of CEQA pursuant to CEQA Guidelines, Sections 15061(b)(3) – General Rule.
* * * * * * * * * *
I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution duly adopted by the City Council of the City of Sonoma at a regular meeting of said Council held on the 15th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:
________________________________
Jack Ding, Mayor
ATTEST:
________________________________
Rebekah Barr, MMC
City Clerk
Agenda Item #6.3:

1 Recording Requested By:

City of Sonoma

When Recorded Return to:

Susan Casey, Interim City Manager
1 The Plaza
Sonoma, CA 95476

===================================================================== Space Above For Recorder’s Use
[Recording fee exempt per Gov’t
Code section 6103]

APN: 127-740-001

PUBLIC BENEFIT AND INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF SONOMA AND SOPARC, LLC (SPARC).

Agenda Item #6.3:

Agenda Item #6.3:

APPLICANT
_________________________________________
By:

Name:

Title: Managing Member
By:

Name:

Title: Member
By:

Name:

Title: Member
By:

Name:

Title: Member
Approved as to form:
___________________________________ Dated:

Name: __________________________
Attorney’s Firm:

Parties represented by Attorney:

SOPARC, LLC dba SPARC
Joseph Erich Pearson for PARC Ventures LLC
Sean Kelley
Emily Paxhia
Amy Jenkins
Doc ID: 951b48f88243e73d5ef5aea12bd35fdc104989d2
Agenda Item #6.3:

Agenda Item #6.3:

Agenda Item #6.3:

SITE OWNER'S CONSENT AND REPRESENTATIONS
The undersigned agrees to and represents and warrants the following:

I. that it is the sole, fee simple owner of the Site;

2. that it has leased the Site to SPARC and that establishment and operation of the Retail Canfi abis Store consistent with this Agreement and its Exhibits are expressly permitted and r said lease.

3. that the undersigned consents to the establishment and operation of the Retail Cannabis Store consistent with this Agreement and its Exhibits;

4. that the undersigned consents to the terms and conditions of this Agreement, but only to the extent the terms and/or conditions are made applicable to the owner of the Site;

5. and

6. that the undersigned is not an owner or individual with a financial interest within the meaning of 16 Cal. Code Regs. sections 5003 and 5004.

GIANNIS RESTAURANT P [n of landlord]
By:

Na e: XE •PHON GIANNIS
Title: GENERAL PARTNER
By:

Name:

Title:

Approved to form:

Name:

Attorney for
[CITY,
Dated:

AND SITE OWNER SIGNATURES NOTARIZED WITH

ST/NNDARD FORM ACKNOWUDGMENTI
'EE ATTACHED
:snowiedgeraei;•
or Jurat
23 Agenda Item #6.3:

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Alameda
On 4- JV JE ZO2Z before me, FW V PD0ILMA- cf--1 DiZAg1-1 4-H4C. (insert name and title of the officer)
personally appeared %EN0 ON D me-rEfOS Gj / A Aini
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
FNU POORNA CHANDRASHEKTIA-R1
COMM. #2371584 NOTARY PUBLIC • CALIFORNIA

ALAMEDA COUNTY
MY COMM. EXP. AUGUST 19, 2925
Agenda Item #6.3:

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2 PUBLIC BENEFIT AND INDEMNIFICATION AGREEMENT
THIS PUBLIC BENEFIT AND INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into this FIFTEENTH (15TH) day of JUNE, 2022 by and between the CITY OF SONOMA, a municipal corporation of the State of California (“City”), and SOPARC, LLC (“Applicant ” or “SPARC”). City and SPARC may be referred to herein individually as a “Party” or collectively as the “Parties.” There are no other parties to this Agreement.

RECITALS
A. On 24 June 2019, the City Council adopted Ordinance No. 03-2019, which permits and regulates the establishment and operation of cannabis businesses in the City. Said Ordinance also created a process whereby persons (“Proposers”) desirous of opening and operating cannabis businesses may apply for the approvals and entitlements necessary to the establishment and operation of cannabis businesses in the City and have those Proposals acted upon by the City pursuant to procedures specified in the Ordinance.

B. Pursuant to Ordinance No. 03-2019, the City Manager and/or his/her designee has adopted procedures and regulations implementing said Ordinance and based thereon issued a Request for Proposals dated January 3, 2020, inviting Proposers to submit Proposals to the City for review and action. The Applicant timely submitted a Proposal pursuant to and in response to said Request for Proposalsin which the Applicant requested permission from the City to establish and operate a Retail Cannabis Store at 19315 – CA-12, CA (“Site” or “Subject Property”). The Applicant’s Proposal was vetted by the Proposal Review Committee (“PRC”), which recommended to the City Council that the City Council grant the Applicant a Conditional Certificate, subject to certain terms and conditions. By Resolution No. 72-2020, the City Council awarded SPARC a Conditional Certificate authorizing it to seek issuance of a CCBP (defined below), subject to certain conditions.

SPARC’s proposed dispensary, as conditioned by City Council Resolution No. 72-2020, is hereinafter referred to as the “Retail Cannabis Store.” C. Pursuant to the City’s adopted Administrative Regulations, dated December 16, 2019, SPARC was required to include in its Proposal a description of the community benefits it was willing to offer to the City and its citizens for the opportunity to open and operate its Retail Cannabis Store in the City. In addition, “any community benefits that a commercial cannabis business agrees to provide shall be incorporated into the terms and conditions under which the commercial cannabis business will operate with the City’s approval, if and when the Conditional Certificate is awarded. Said agreement may take the form of a written agreement and/or conditions of approval. Such terms and conditions shall be in addition to the requirements of this chapter.”
D. SPARC’s Proposal included a description of such community benefits, and this Agreement is being entered into to memorialize that commitment. This Agreement and its terms and conditions are incorporated into the conditions of approval made part of the Conditional Certificate granted to the Applicant. Additionally, this Agreement and its terms and conditions shall be incorporated into any Commercial Cannabis Business Permit issued to Agenda Item #6.3:

3 the Applicant, and the Applicant’s breaches of this Agreement shall be deemed violations of said Conditional Certificate and the Commercial Cannabis Business Permit (“CCBP”).

E. Additionally, pursuant to SMC §5.36.250, and as a condition precedent to issuance of a CCBP to the Applicant, the Applicant is required to enter into an agreement in a form approved by the City Attorney which indemnifies the City for certain liabilities and imposes insurance obligations on the Applicant. In part, this Agreement satisfies the requirements specified in Section 5.36.250.

F. The Retail Cannabis Store is a conditional use in the commercial zoning district, and the Retail Cannabis Store, as proposed and conditioned in the City Council’s Resolution No. 72-2020 awarding SPARC a Conditional Certificate to operate a Retail Cannabis Store at the Site, complies with Ordinances No. 03-2019 and 04-2019 and the regulations promulgated thereunder.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

AGREEMENT
ARTICLE 1

GENERAL PROVISIONS
Section 1.1. Exhibits. The following “Exhibits” are attached to and incorporated into this Agreement:

Exhibit A. Proposal, dated February 20, 2020.

Exhibit B. Resolution No. 72-2020 Awarding Conditional Certificate, with Conditions of Approval
Exhibit C. Notice of Non-Performance Penalty
Exhibit D. Notice of Termination
Exhibit E. Assignment and Assumption Agreement
Exhibit F. Labor Peace Agreement
Exhibit G. Implementation of Section 3.2 – Community Benefits Exhibit H. SPARC and Sweetleaf Collective Compassion Program Section 1.2. Definitions. In this Agreement, unless the context otherwise requires, capitalized terms and acronyms have the same meaning as set forth in Ordinance No. 03-2019.

Section 1.3. Retail Cannabis Store is a Private Undertaking. The Parties agree that Applicant’s Retail Cannabis Store for which the Conditional Certificate was issued and for which this Agreement is being entered is a private business and that City has no interest therein, except as authorized in the exercise of its governmental functions. City shall not for any purpose be considered an agent of the Retail Cannabis Store or SPARC.

Agenda Item #6.3:

4 Section 1.4. Effective Date of Agreement. This Agreement shall become effective upon the date that a CCBP for the said Retail Cannabis Store is issued to the Applicant (the “Effective Date”).

Section 1.5. Amendment of Agreement. Except as otherwise provided herein, this Agreement shall be amended only by mutual consent of the Parties. All amendments shall be in writing. The City Council has expressly authorized the City Manager to approve Minor Amendments to this Agreement (i.e., change of notice address), after notification to the City Council. Major Amendments to this Agreement shall be subject to the approval of the City Council. After consulting with the City Attorney, the City Manager shall have sole discretion to determine if a proposed amendment is Minor or Major. Nothing in this Agreement shall be construed as requiring a noticed public hearing, unless required by law.

Section 1.6. (Intentionally left blank)
Section 1.7. Condition of Approval. This Agreement and its terms and conditions are deemed a condition of approval, applicable to the Conditional Certificate, CCBP and any other entitlement, license and/or permit granted or issued to Applicant pertinent to the Retail Cannabis Store and shall be enforceable as such a condition of approval. Furthermore, Applicant’s compliance with implementation of and the fulfillment of all the promises, obligations, conditions and covenants made by Applicant in its Proposal (Exhibit A) and/or imposed upon Applicant under the Resolution No. 72-2020 awarding it a Conditional Certificate, with Conditions of Approval (Exhibit B) shall be deemed obligations of SPARC under this Agreement. And SPARC’s failure to comply with, implement or fulfill same shall be deemed a breach under this Agreement.

ARTICLE 2

OPERATING CONDITIONS
Section 2.1. Compliance with Operating Conditions. Applicant shall operate the Retail Cannabis Store on the Site pursuant to the terms and conditions set forth in Exhibit A and Exhibit B and as specified in SMC Chapter 5.36 (collectively, the “Operating Conditions”) (and if there is a conflict between any of these documents, the more stringent or burdensome condition or provision shall apply). Applicant agrees that failure to comply with the Operating Conditions shall constitute a material default under this Agreement and shall be independent grounds for revocation of the CCBP and for termination of this Agreement.

ARTICLE 3

PUBLIC BENEFIT, PROCESSING, AND OVERSIGHT
Section 3.1. Additional Processing Fees and Charges. Applicant shall pay to City (i) those processing, inspection, plan checking, enforcement and monitoring fees and charges required by City which are in force and effect at the time those fees and charges are incurred (including any increases in such fees and charges), (ii) all costs and expenses incurred by the City in negotiating, drafting and administering this Agreement, and (iii) all costs and expenses incurred by City (including recording fees, publishing fees, noticing costs, staff time (at the fully burdened rate), Agenda Item #6.3:

5 consultant and attorney fees and costs) for processing applications and requests for building permits, inspections, the CCBP, renewals of the CCBP, other permits, approvals and actions, estoppel certificates and for monitoring compliance with or enforcing any permits or licenses issued or approvals granted to the Applicant, conducting any reviews required under Ordinance No. 03-2019 or under the conditions of approval imposed by the City on the granting of Applicant’s Conditional Certificate, CCBP, renewals of the CCBP or any other approval pertinent to SPARC’s Retail Cannabis Store, and for conducting audits or monitoring the performance of any such conditions (each a “Ministerial Fee” and collectively, the “Ministerial Fees”). The Parties acknowledge that as part of the Temporary Occupancy, Conditional Zoning Certificate, and Temporary Commercial Cannabis Business Permit Agreement dated April 19, 2022 (“Temporary Agreement”), Applicant was required to deposit and did deposit $10,000.00 with the City to defray the City’s costs described in the Temporary Agreement. To the extent that at the time this Agreement is executed by the Applicant, the said $10,000.00 deposit has been exhausted and there remain unpaid City charges under the Temporary Agreement, Applicant’s obligation to pay the $15,000.00 deposit specified below will be increased pro tanto. Prior to and as a condition to the issuance of the CCBP, and contemporaneously with its execution of this Agreement, Applicant shall be required to pay the City a deposit in the amount of $15,000.00 (“original deposit”) to cover the incurring of the Ministerial Fees described above; provided, however, that the actual amount Applicant must pay to establish this deposit shall be reduced by the balance left unspent of the $10,000.00 deposit referred to above, if any. The City shall provide to Applicant a semi-annual accounting of its use of said original deposit amount of $15,000.00, and at any time that the original deposit falls below 50% of the original deposit amount, Applicant shall replenish the original deposit to its original amount. Said deposit shall remain in place and in effect for the duration of this Agreement. Upon this Agreement’s termination or expiration, the City shall refund the unspent balance of the deposit to the Applicant, without interest.

Section 3.1.1. New Taxes. Any subsequently enacted city-wide taxes applicable to Applicant and/or its Retail Cannabis Store shall be a liability owed and payable by the Applicant provided that: (1) the application of such taxes to the Site is prospective; and (2) the amount paid by Applicant as and for the Public Benefit Fee (defined below) shall operate as a credit against the Applicant’s liability for such taxes.

Section 3.1.2. Assessments. Nothing herein shall be construed to relieve the Site from assessments levied against it by the City pursuant to any statutory procedure for the assessment of property to pay for infrastructure and/or services which benefit the Site.

Section 3.1.3. Vote on Future Assessments and Fees. In the event that any assessment, fee or charge which is applicable to the Site is subject to Article XIIID of the Constitution and Applicant does not return its ballot, Applicant agrees, on behalf of itself and its successors, that the City may count Applicant’s ballot as affirmatively voting in favor of such assessment, fee or charge.

Section 3.2. Community Benefits.
(a) The Parties acknowledge and agree that this Agreement confers substantial private benefits upon Applicant that will place burdens upon City infrastructure, services, and neighborhoods. Accordingly, the Applicant intends to provide consideration to City to offset these impacts that is commensurate with the private benefits conferred Agenda Item #6.3:

6 on Applicant (the “Community Benefit”). In consideration of the foregoing and for the benefits and entitlements conferred upon the Applicants by virtue of a CCBP being granted to the Applicant, Applicant has agreed pursuant to its awarded Conditional Certificate to provide the following community benefits. Furthermore, SPARC has agreed to abide by, honor, adhere to, perform, implement (per Exhibit G) and carry out all the representations, statements, promises, statements of plans and intentions, assurances, descriptions, conditions, and terms, as the case may be, set forth in SPARC's Proposal, including, but not limited to, the following:

1. Starting during the 12-month period following the date first appearing above, and annually thereafter, SPARC shall pay 5% of its profits or $20,000, whichever is greater, to the Sonoma Valley Educational Foundation (SVEF) and the La Luz Center (La Luz), to be used by these non-profit organizations to address mental health and trauma issues. The amounts paid by SPARC to each of these nonprofit organizations shall be determined by SPARC. In the event that either or both of said non-profit organizations ceases to exist or no longer provides the services which SPARC wishes to financially support, SPARC shall select one or multiple replacement non-profit organizations to which SPARC shall provide the amount of funding described above. SPARC's selection of a replacement nonprofit organization(s) under these circumstances shall be subject to City Council approval. Commencing one year after the date first appearing above, and annually thereafter, SPARC shall deliver to the City Manager a written report specifying the amount of money SPARC donated during the previous 12 month period pursuant to this section 3.2(a)(1), the calculation of SPARC’s “profits” upon which the amount of the donations was based, the recipient(s) of same and the manner in which the money was spent by the recipient(s). The truth, completeness and accuracy of said report shall be certified by SPARC’s chief financial officer and/or its managing member under penalty of perjury. For purposes of this Agreement, “profits” shall be defined to mean “gross receipts” as that term is defined in Sonoma Municipal Code section 5.38.040(N), less operating expenses (excluding depreciation, debt service and salaries, distributions, compensation and benefits paid to SPARC’s members and its management personnel).

2. SPARC will add to its current "compassion program" (see Exhibit H) giving no less than $4,000 a month or $48,000 a year worth (based on the retail sales price of each item) of free cannabis and cannabis products to those most in need of medicinal assistance residing in the City of Sonoma or in the immediate surroundings, recognizing that only those persons with a medical recommendation and/or a valid identification card are entitled to such free cannabis and cannabis products and that developing a sufficient number of clients possessing such documentation in order to meet the $4,000 minimum specified above may take a period of time.

3. SPARC will partner with the Sweetleaf Collective, a charity organization that has been providing free medicinal cannabis to HIV/AIDS and cancer patients in the Bay Area since 1996 and SPARC will sell Sweetleaf Collective's accessories in SPARC’s Retail Cannabis Store in addition to identifying to Sweetleaf Collective Agenda Item #6.3:

7 residents of Sonoma and the immediate surroundings who are eligible to participate in the program.

4. SPARC shall pay its employees a wage above the "living wage" as defined in Chapter 2.70 of the Sonoma Municipal Code.

5. SPARC will hire employees 80% of whom shall reside within the Sonoma Valley which is defined to include the area bounded on the south by San Pablo Bay, on the west by Sonoma Mountain, on the east by the Mayacamas Mountains and on the north by the southern and eastern boundaries of the City of Santa Rosa.

6. SPARC will provide a Labor Peace Agreement (LPA) that includes card-check neutrality. A true and correct copy of the LPA which SPARC represents is currently in effect and which will remain in effect during the life of this Agreement is attached as Exhibit F and incorporated by this reference. (b) City shall receive quarterly reports, including California State Board of Equalization, California Department of Tax and Fee Administration and other tax reporting statements filed by Applicant, and will have the right to audit the Retail Cannabis Store. These reports shall be delivered to the City Manager or his/her designee within 3 business days following delivery to the taxing authorities.
(c) Applicant shall file an applicable statement that complies with the California State Board of Equalization, California Department of Tax and Fee Administration, or either’s successor agency (the “State Taxing Authority”) for sales tax purposes showing the true and correct amount of gross revenues derived from the Retail Cannabis Store during the applicable time period.

Applicant shall provide a copy of the most recent such statement to City at the same time Applicant files same with the State Taxing Authority.

Section 3.3 Reporting.

Applicant shall provide City with copies of any reports provided to a state cannabis licensing agency at the same time and contemporaneously with the report’s submission to the state agency.

Any failure or refusal of Applicant to provide any statement or report to City, a State Taxing Authority, or any other state cannabis licensing authority as required within the time required, or to pay such sums due hereunder when the same are due and payable in accordance with the provisions of this Agreement, may constitute full and sufficient grounds for (i) the revocation or suspension of the Applicant’s CCBP and/or Business License and/or (ii) the termination of this Agreement.

Section 3.4 Records. Applicant shall keep records of all Commercial Cannabis Activity in accordance with Chapter 16 (commencing with Section 26160) of Division 10 of the Business and Professions Code, the State Retail Cannabis Regulations and as required under the Operating Conditions. All records required by this Section shall be maintained and made available for City’s examination and duplication (physical or electronic) at the Site or at an alternate facility as approved in writing by the City Manager or his or her designee.

Section 3.5 Audit. Notwithstanding any other audit requirements specified in this Agreement, the Operating Conditions, the Conditional Certificate, the CCBP or state law, Applicant shall allow Agenda Item #6.3:

8 the City Manager or a designee unrestricted access to all books, records, facilities, activities, and all audio and video tapes pertaining to the operations of the Retail Cannabis Store, except for records that are protected from disclosure under HIPAA. Any information obtained by the City pursuant to this Section which constitutes patient records (not otherwise protected by HIPAA), reveals security measures or constitutes financial records pertinent to the operation of the Retail Cannabis Store shall be deemed confidential in character and shall not be subject to public inspection except as necessary in connection with the enforcement of the provisions of this Agreement, the conditions of approval of the Conditional Certificate and/or CCBP or otherwise required by state law. In the event that the City receives a request under the California Public Records Act which requests access to records, books and/or tapes maintained by the City which pertain to the Retail Cannabis Store and/or the financial condition of the Retail Cannabis Store, the City shall immediately provide a copy of said request to Applicant and confer with Applicant as to whether the requested records should be disclosed. If the Applicant determines that certain records should not be disclosed and the City acquiesces in the Applicant’s wishes, the Applicant shall indemnify and defend (with counsel reasonably acceptable to the City) the City from any and all damages, expenses, costs, and fees (including attorney’s fees incurred by the City and/or awarded against the City), claims and liabilities of any sort arising out of the City’s refusal to disclose the requested records.

Section 3.6. Penalty. Applicant acknowledges that to ensure proper compliance with the terms of the Agreement and any applicable laws, City must engage in costly compliance review, audits, inspections, and, if necessary, enforcement actions to protect the health, safety, and welfare of its residents. Penalty and interest provisions are necessary to assist City in compliance review and enforcement actions. If Applicant fails to make any payment when due as required by this Agreement, City may impose a “Non-Performance Penalty.” A Non-Performance Penalty of one percent (1%) shall be applied to all past due payments. City shall deliver to Applicant a “Notice of Non-Performance Penalty,” in the form attached hereto as Exhibit C. Payment of the NonPerformance Penalty and the full amount of the past due payment shall be in a single installment due on or before a date fifteen (15) calendar days following the City’s delivery of the Notice of Non-Performance Penalty to Applicant.

Section 3.7 Interest on Unpaid Non-Performance Penalty. If Applicant fails to pay the NonPerformance Penalty and the amount of the past due payment within said fifteen (15) calendar days, then, in addition to the amount of the Non-Performance Penalty and the amount of the past due payment, Applicant shall pay City interest at the rate of eighteen percent (18%) per annum, computed on the amount of the Non-Performance Penalty and the past due payment, from a date fifteen (15) calendar days following delivery of the Notice of Non-Performance Penalty until paid.

ARTICLE 4
APPLICANT’S WARRANTIES AND REPRESENTATIONS
Applicant and if there are more than one Applicant, and each of them, and each of their members, shareholders, owners, officers and directors represent and warrant:
(a) that as of the Effective Date of this Agreement Applicant and its members entering into this Agreement are all: (i) duly organized and validly existing under the laws of the State of Agenda Item #6.3:

9 California; (ii) qualified and authorized to do business in the State of California and have duly complied with all requirements pertaining thereto; and (iii) in good standing and have all necessary powers under the laws of the State of California to own or lease property and in all other respects enter into and perform the undertakings and obligations of this Agreement; (b) that no approvals or consents of any persons are necessary for the execution, delivery or performance of this Agreement by Applicant and its members, except as to the Authorized Licenses and as have been obtained;
(c) that the execution and delivery of this Agreement and the performance of the obligations of Applicant hereunder have been duly authorized by all necessary actions and approvals required under any articles or bylaws for the Applicant’s corporation; (d) that this Agreement is lawful, fully compliant with all federal, state and local laws and regulations and a valid obligation of Applicant and its members enforceable in accordance with its terms. Applicant waives any and all claims that it may have which assert a contrary position;
(e) that nothing in the Site lease or in any related agreements, including but not limited to any agreements relating to the formation and management of Applicant, will interfere with or prevent the Applicant from entering into this Agreement or from fully complying with the terms and conditions of this Agreement;
(f) that the only “owners” – as that term is defined in Chapter 5.36 of the Sonoma Municipal Code, in applicable state law and/or in the regulations adopted by the California Bureau of Cannabis Control (e.g., 16 Cal. Code Regs. secs 5002, 5003, 5004) – of the Retail Cannabis Store are Sean Kelley, Joseph Erich Pearson, Amy O’Gorman Jenkins and Emily Louise Paxhia; and
(g) that at the time the CCBP is applied for and at the time it is issued, if it is issued, the only owner of the Retail Cannabis Store is and shall be Sean Kelley, Joseph Erich Pearson, Amy O’Gorman Jenkins and Emily Louise Paxhia.

ARTICLE 5

INSURANCE AND INDEMNITY
Section 5.1. Insurance. Applicant shall require all persons doing work on the Retail Cannabis Store, including its contractors and subcontractors (collectively, “Awardee” for purposes of this Article 5 only), to obtain and maintain insurance of the types and in the amounts described in this Article with carriers reasonably satisfactory to City.
(a) General Liability Insurance. Awardee shall maintain commercial general liability insurance at least as broad as ISO CGL Form 00 01 on an occurrence basis including products and completed operation, bodily injury, including death, of one (l) or more persons, property damage and personal and advertising injury with limits of not less than two million dollars ($2,000,000.00) per occurrence, with a general aggregate limit of no less Agenda Item #6.3:

10 than four million dollars ($4,000,000).Awardee shall ensure that such coverage remains in effect for the duration of the CCBP.
(b) The commercial general liability policy shall provide contractual liability, shall include a severability of interest or equivalent wording, and shall specify that insurance coverage afforded to the City shall be primary. Said policy shall name the City, its officers, its elected and appointed boards, commissions, councils, agents, consultants, volunteers, representatives and employees as additional insureds (“Additional Insureds”) by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed Additional Insureds and cover the Additional Insureds as respects (aa) liability arising out of activities performed by or on behalf of Awardee, (bb) products and completed operations of Awardee, (cc) premises owned or used by Awardee, and (dd) autos owned, leased, hired or borrowed by Awardee. (c) Automotive Liability Insurance. Awardee shall maintain business automobile liability insurance and comprehensive automobile liability insurance covering any auto (Code 1), or if Awardee has no owned autos, hired (Code 8) and non-owned autos (Code 9), providing coverage at least as broad as ISO Form Number CA 00 01 on an occurrence, basis for bodily injury, including death, of one (l) or more persons, property damage and personal injury with limits of not less than one million dollars ($1,000,000.00) per occurrence with an annual aggregate limit of no less than two million dollars ($2,000,000.00). Such insurance shall also: (i) name City, its elected and appointed councils, boards, commissions, officers, agents, employees, volunteers and representatives as Additional Insureds by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed Additional Insureds; (ii) be primary with respect to any insurance or self-insurance programs covering the Additional Insureds; and (iii) contain standard separation of insured provisions.
(d) Workers’ Compensation Insurance. Awardee shall take out and maintain during the life of this Agreement, workers’ compensation insurance for all of Awardee’s employees employed at, for or on the Retail Cannabis Store, and in the case any of the work is subcontracted, SPARC shall require any subcontractor similarly to provide workers’ compensation insurance for such subcontractor’s employees, unless such employees are covered by the protection afforded by SPARC. In case any class of employee engaged in work on or for the Retail Cannabis Store is not protected under any workers’ compensation law, SPARC shall provide and shall cause each contractor and subcontractor to provide adequate insurance for the protection of employees not otherwise protected. SPARC hereby indemnifies City for any damage resulting from failure of SPARC, its agents, employees, contractors, or subcontractors to take out or maintain such insurance. Workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) each accident shall be maintained. Worker’s compensation insurance shall be endorsed to waive all rights of the insurer to subrogation against the Additional Insureds.

Section 5.2. Other Insurance Requirements. Awardee shall do all of the following:
(a) Prior to taking any actions under this Agreement, furnish City with properly executed endorsements and certificates of insurance that clearly evidence all insurance required in this Agenda Item #6.3:

11 Article, including evidence that such insurance will not be canceled, allowed to expire, or be materially reduced in coverage without thirty (30) days prior written notice to City. (b) Provide to City, upon request, and within seven (7) calendar days of said request, certified copies of endorsements and policies, and properly executed certificates of insurance evidencing the insurance required herein.
(c) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior the termination of this Agreement. (d) Maintain all insurance required herein from the Effective Date of this Agreement to the termination of this Agreement.
(e) If Awardee maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by Awardee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(f) Place all insurance required herein with insurers licensed to do business in California with a current Best’s Key Rating Guide reasonably acceptable to City.

Section 5.3. Indemnity.
(a) To the fullest extent permitted by law, the City of Sonoma shall not assume any liability whatsoever with respect to having issued a CCBP to SPARC or otherwise approving the operation of SPARC’s commercial cannabis business.
(b) To the fullest extent permitted by law, SPARC shall defend (at SPARC's sole cost and expense), indemnify, save and hold harmless the City of Sonoma and its agents, officers, representatives, elected officials and employees from any claims, damages, losses, injuries or liabilities of any kind which arise out of, or which are in any way related to, the City 's issuance of a commercial cannabis business permit to SPARC or affiliated organization, the City 's decision to approve the operation of SPARC’s commercial cannabis business or activity, the process used by the City in making its decision, the operation of SPARC’s commercial cannabis business or activity, and/or the alleged violation of any federal, state or local laws by SPARC’s commercial cannabis business or any of its officers, employees or agents.
(c) This indemnification shall apply to any damages, costs of suit, attorneys' fees or other expenses awarded against or paid by the City, its agents, officers and/or employees as a result of any claim covered by this indemnification obligation. SPARC’s obligations under this indemnification shall apply regardless of whether a license or any permits or entitlements are issued to SPARC.
(d) SPARC’s indemnification obligation as set forth in this Agreement does not cover any claims to the extent they arise out of the City's gross negligence or willful misconduct. (e) In any action brought to enforce this indemnification obligation, the prevailing party shall be entitled to an award of attorney's fees and costs.

Agenda Item #6.3:

12 (f) In addition, SPARC shall release the City and its agents, officers, elected officials, representatives and employees from any injuries, expense, claim, damages, or liabilities of any kind that result from or are connected with: (i) any investigation, arrest or prosecution of SPARC or the Owners, operators, of employees of the commercial cannabis business which is the subject of this Agreement or their clients or customers for violation of state or federal laws, rules or regulations relating to cannabis activities; and/or (ii) the submission of SPARC’s Proposal, the City's granting to SPARC a CC or CCBP or Use Permit or any other entitlement or permit for SPARC's Retail Cannabis Store, or the City's enforcement of the conditions of said permits and/or entitlements. Under no circumstances shall SPARC initiate any action or cause the initiation of any action seeking monetary damages from the City or its officers, officials, employees, agents or representatives arising from SPARC's commercial cannabis business, the City's granting to SPARC a CC or CCBP or Use Permit or any other entitlement or permit for SPARC's Retail Cannabis Store, the City's rejection or denial of any permit to SPARC, or the City's enforcement of the conditions of said permits and/or entitlements.
(g) The City will promptly notify SPARC and its Owners of any such claim, action, or proceeding that is or may be subject to this Agreement. The City may, within its unlimited discretion, participate in the defense of any such claim, action, or proceeding. (h) In the event that any claim, action, or proceeding as described above is filed against the City, SPARC shall, within 30 days of the filing make an additional deposit of $40,000 to the City to cover the costs or expenses which the City anticipates it will likely incur in defending said claim, action or proceeding (collectively, the "action"). If during the prosecution of the action, the City's actual costs or expenses incurred equal or exceed 80% of the deposit amount, upon demand by the City and within 30 days of receiving said demand, SPARC shall deposit additional funds sufficient to bring the balance up to the amount of $40,000. Unpaid amounts shall accrue interest at the rate specified in Section

3.7 until fully paid.
(i) The City shall have the absolute right to approve any and all counsel employed to defend the City. To the extent the City uses any of its own resources to defend and/or respond to such action, or to assist the defense, SPARC will reimburse the City for the cost of those resources through the deposit and replenishment of the deposit described above. Such resources include, but are not limited to, staff time, court costs, City Attorney's time and expenses, special counsel time and expenses and/or any other direct or indirect cost associated with defending and responding to, or assisting in the defense of, the action. (j) If any permit which is issued by the City for SPARC’s Retail Cannabis Store is, in part or in whole, revoked, invalidated, rendered null or set aside by a court of competent jurisdiction or by the City pursuant to Ordinance No. 03-2019, the Regulations promulgated thereunder, State law or the CCBP and/or Use Permit granted for such business, SPARC agrees to be bound by and subject to the terms of this Agreement, which shall survive such invalidation, nullification or setting aside.

Agenda Item #6.3:

13 ARTICLE 6

(INTENTIONALLY LEFT BLANK)
ARTICLE 7

DEFAULT
Section 7.1. General Provisions.
(a) Subject only to any extensions of time by mutual consent in writing, or as otherwise provided herein, the failure or delay by any Party to perform in accordance with the terms and provisions of this Agreement shall constitute a default. Any Party alleging a default or breach of this Agreement (“Charging Party”) shall give the other Party (“Charged Party”) not less than ten (10) business days written notice, which shall specify the nature of the alleged default and the manner in which the default may be cured. During any such ten (10) business day period, the Charged Party shall not be considered in default for purposes of termination of this Agreement or institution of legal proceedings for the breach of this Agreement. (b) After expiration of the ten (10) business day period, if such default has not been cured or is not in the process of being diligently cured in the manner set forth in the notice, or if the breach cannot reasonably be cured within ten (10) business days, the Charging Party may, at its option, institute legal proceedings pursuant to this Agreement or give notice terminating this Agreement.
(c) Evidence of default may arise in the course of scheduled reviews of this Agreement.

If the Applicant determine that the City is in default following the completion of scheduled review, Applicant may give written notice of termination of this Agreement, specifying in the notice the alleged nature of the default and potential actions to cure said default where appropriate. If the alleged default is not cured in ten (10) calendar days or within such longer period specified in the notice or the City is not diligently pursuing a cure or if the breach cannot reasonably be cured within the period or the City waives its right to cure such alleged default, this Agreement may be terminated by the Applicant by giving written notice. If the City determines the Applicant to be in default or to have otherwise failed to comply with this Agreement in good faith, in addition to or in lieu of any other remedy the City may have hereunder, the City may modify or terminate this Agreement. (d) In the event Applicant is in default under the terms and conditions of this Agreement, in addition to exercising any other remedy afforded the City hereunder or under the law, the City may refuse to accept, issue and/or act upon any permit or permit renewal application from Applicant until the default is cured.

Agenda Item #6.3:

14 Section 7.2. Review.
(a) The City may, on or before the anniversary of the Effective Date, review the extent of good faith, substantial compliance of Applicant with the terms of this Agreement. The burden of proof by substantial evidence of compliance is upon the Applicant. City shall deposit in the mail or fax to Applicant a copy of all staff reports and, to the extent practical, related exhibits concerning this Agreement or the Applicant’s performance, at least seven (7) calendar days prior to the public hearing at which time the City Council shall conduct said review. Applicant shall be permitted an opportunity to be heard orally or in writing regarding its performance under this Agreement before the City Council.
(b) City does not waive any claim of defect or breach in performance by Applicant if, following periodic review pursuant to this Section 7.2 hereof, City does not propose to modify or terminate this Agreement. Applicant waives any claim of defect or breach in performance by City, which Applicant knew or could have known in the exercise of due diligence at the time of such periodic review, by not raising such matter during the periodic review process. (c) Failure of City to conduct a review shall not constitute a waiver by City of its rights to otherwise enforce the provisions of this Agreement nor shall Applicant have or assert any defense to such enforcement by reason of any such failure to conduct a review.

Section 7.3. Estoppel Certificates.
(a) City shall, with at least twenty (20) calendar days prior written notice, execute, acknowledge, and deliver to Applicant, Applicant’s lender, potential investors, or assignees an Estoppel Certificate in writing which certifies that this Agreement is or is not in full force and effect, that there are or are not any breaches or defaults under the Agreement, and that the Agreement has or has not been modified or terminated and is or is not enforceable in accordance with its terms and conditions.
(b) At Applicant’s option, City’s failure to deliver such Estoppel Certificate within the stated time period shall be conclusive evidence that the Agreement is in full force and effect, that there are no uncured breaches or defaults in Applicant’s performance of the Agreement or violation of any City ordinances, regulations and policies regulating the use and development of the Site or the Retail Cannabis Store subject to this Agreement.

Section 7.4. Default by City. In the event City does not accept, review, approve, or issue any permits or approvals in a timely fashion, as defined by this Agreement, or if City otherwise defaults under the terms of this Agreement, City agrees that Applicant shall not be obligated to proceed with or complete the Retail Cannabis Store, and shall constitute grounds for termination or cancellation of this Agreement by Applicant.

Section 7.5. Remedies for Breach. City and Applicant acknowledge that the purpose of this Agreement is to carry out the Parties' objectives as set forth in the Recitals hereof. City and Applicant agree that to determine a sum of money which would adequately compensate either party for choices they have made which would be foreclosed should the Retail Cannabis Store not be completed and/or operated pursuant to and as contemplated by this Agreement is not possible Agenda Item #6.3:

15 and that damages would not be an adequate remedy. Therefore, City and Applicant agree that in the event of a breach of this Agreement the only remedies available to the non-breaching party shall be: (1) suits for specific performance to remedy a specific breach, (2) suits for declaratory or injunctive relief, (3) suits for mandamus under Code of Civil Procedure Section 1085, or special writs, or (4) termination of this Agreement or, at the option of CITY in the event of breach by Applicant, termination of the rights of Applicant under this Agreement and/or under the CCBP. Except for attorney's fees and associated costs as set forth herein, monetary damages shall not be awarded to either party. This exclusion on damages shall not preclude actions by a party to enforce payments of monies due, or the performance of obligations requiring the expenditures of money, under the terms of this Agreement as set forth in subsections (a) through (b), below, of this Section 7.5. All of these remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of these remedies shall not constitute a waiver or election with respect to any other available remedy. Monetary recovery may be had only for the following:
(a) payments required to be made or measures required to be undertaken within specified times under this Agreement, the CCBP and/or the conditions of approval associated with the CCBP; and
(b) any other payments of funds then due and owing by Applicant to City.

Section 7.6. Enforced Delay, Extension of Times of Performance. Delays in performance by either Party shall not be deemed a default if such delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, pandemics, epidemics, disease, earthquakes, fires, casualties, acts of God, governmental restrictions imposed where mandated by governmental entities other than the City, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations enacted by the state or federal government, litigation, or other force majeure events.

An extension of time for such cause shall be in effect for the period of forced delay or longer, as may be mutually agreed upon.

ARTICLE 8

TERMINATION
Section 8.1. Termination. Upon termination of this Agreement, City shall promptly deliver to SPARC a notice of such termination in substantial conformance with the “Notice of Termination” attached hereto as Exhibit D, and this Agreement shall be of no further force or effect except as otherwise set forth in this Agreement.

Section 8.2. Effect of Termination on Applicant’s Obligations. Subject to Section 8.4, termination of this Agreement shall eliminate (i) all rights of Applicant under the Agreement and the CCBP and (ii) any further obligation of Applicant to comply with this Agreement. Termination of this Agreement, in whole or in part, shall not, however, eliminate the rights of Applicant to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination, but only to the extent such remedies or damages are permitted hereunder.

Section 8.3. Effect of Termination on City’s Obligations. Termination of this Agreement shall eliminate any further obligation of City to comply with this Agreement, or some portion thereof.

Termination of this Agreement shall not, however, eliminate the rights of City to seek any Agenda Item #6.3:

16 applicable and available remedies or damages based upon acts or omissions occurring before termination or to enforce Applicant’s obligations that survive termination of this Agreement.

Section 8.4. Survival After Termination. Notwithstanding anything to the contrary stated herein, the rights and obligations of the Parties set forth in this Section 8.4, Article 3, Section 5.3, Section

9.3, Section 9.4, Section 9.5, Section 9.6, Section 9.7, Section 9.10, and any right or obligation of the Parties in this Agreement which, by its express terms or nature and context is intended to survive termination of this Agreement, will survive any such termination.

ARTICLE 9

OTHER GENERAL PROVISIONS
Section 9.1. Assignment and Assumption.
(a) Applicant shall not have the right to sell, assign, or transfer all or any part of its rights, title, and interests in all or a portion of this Agreement, the Conditional Certificate, CCBP, Business License, Site, or Retail Cannabis Store, to any person, firm, corporation, or entity during the term of this Agreement without the advance written consent of the City Manager. This assignment prohibition applies to any owner of the Retail Cannabis Store, including the corporate and business entities of Applicant that are a Party to this Agreement. Any assignment or transfer prohibited by this Agreement will be considered an immediate breach of this Agreement and City may elect to immediately terminate this Agreement. If the City Manager approves an assignment or transfer of any interest detailed in this Section 9.1., City and Applicant shall execute an “Assignment and Assumption Agreement” substantially in the form attached hereto as Exhibit E.
(b) The consent of City to any assignment shall not be unreasonably withheld, provided the proposed assignee (“Successor”) can demonstrate its ability to perform and complete the obligations of Applicant under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance. The City shall have the right to compel the Successor to disclose all documents, information and other material which, in the City’s reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified hereinabove, including but not limited to: (i) all of the terms of the proposed assignment and copies of the documents evidencing the assignment; (ii) current financial statements of the proposed Successor certified by the Successor’s accountant or financial officer; (iii) an executed estoppel certificate signed by the Applicant, and (iv) such other information as the City may reasonably require. No assignment shall be permitted as long as Applicant is in default hereunder. No later than thirty (30) calendar days after the City receives the materials submitted by the Successor, the City shall deliver to the Applicant and Successor a written determination whether the submitted materials are complete. If the City’s written determination is not delivered within said thirty (30) day period, the submission shall be deemed complete. If within said thirty (30) day period, the City delivers a notice to the Applicant and Successor that the submitted materials are incomplete, the Successor shall have thirty (30) calendar days to submit the necessary, additional information and after timely submittal thereof, the City shall have thirty (30) calendar days within which to, again, deliver notice to the Applicant and Successor whether the submitted materials are complete. If the Successor does not submit additional materials within Agenda Item #6.3:

17 thirty (30) calendar days after receiving the City’s determination of incompleteness, it shall be conclusively deemed that the Applicant have withdrawn their request for consent to the assignment in question. Not later than forty-five (45) days after the Successor’s submittal is determined or deemed complete, the City Manager shall accept or reject the proposed assignment. Whether or not the City shall grant consent, Applicant shall pay the City’s review and processing costs, as well as any reasonable legal fees incurred by the City, within thirty days after written request by the City. If the City consents to an assignment, this Agreement shall be deemed to have been amended to provide: (1) that Successor shall be acknowledged by City to be the Applicant hereunder; (2) that Successor shall assume all obligations of Applicant hereunder; (3) Applicant shall remain jointly and severally responsible with the Successor for all of the Applicant’s obligations hereunder; and (4) the Successor shall provide evidence that it has obtained the requisite insurance. (c) Notwithstanding anything to the contrary stated in Section 9.1(b), above, in the event that there is more than one Applicant and one of the Applicants wishes or is required (by other, separate agreement) to assign all of its rights and obligations hereunder to the other Applicant, the City Manager shall consent to said assignment provided that: (i) all breaches or defaults by Applicant extant hereunder at the time of the requested assignment are fully cured to the reasonable satisfaction of the City Manager; (ii) the Applicant which is to be assigned (the “Applicant Assignee”) all of the rights of the other Applicant hereunder (the “Applicant Assignor”) shall provide satisfactory evidence to the City Manager that the Applicant Assignee has the background, experience and financial backing to competently and successfully operate the Retail Cannabis Store’s Commercial Cannabis Activities at the Site (or has arranged for a suitable person or entity with the requisite background and financial standing to so operate the Retail Cannabis Store, which said person or entity shall be subject to the reasonable approval of the City Manager); (iii) the Assignee Applicant shall assume all obligations of Applicant hereunder; (iv) the Assignor Applicant shall remain jointly and severally responsible with the Applicant Assignee for all of the Applicant’s obligations hereunder; (v) the Applicant Assignee shall provide evidence that it has obtained the requisite insurance; and (vi) the Applicant Assignor and Applicant Assignee execute and deliver to the City Manager the “Assignment and Assumption Agreement” substantially in the form attached hereto as Exhibit E.

Section 9.2. Covenants Running with the Land. All of the provisions contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assigns, representatives, lessees, and all other persons acquiring all or a portion of interest in the Site (but only to the extent the provision(s) are expressly made applicable to the owner of the Site) or the Retail Cannabis Store, whether by operation of law or in any manner whatsoever. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law, including California Civil Code Section 1468.

Each covenant herein to act or refrain from acting is for the benefit of or a burden upon the Retail Cannabis Store, as appropriate, runs with the Site, and is binding upon Applicant.

Section 9.3. Notices. Any notice or communication required hereunder between City and Applicant must be in writing, and may be given either personally, by facsimile or email (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email or facsimile transmission, a notice or communication shall be deemed Agenda Item #6.3:

18 to have been given and received upon actual physical receipt of the entire document by the receiving Party’s email device or facsimile machine, as the case may be. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday, or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City:

City of Sonoma
1 The Plaza
Sonoma, CA 95476
Fax (707) 933-2201
Email address: [email protected]
Attention: Interim City Manager
and the Sonoma City Attorney:

Jeffrey Walter
Colantuono, Highsmith & Whatley, PC
670 W. Napa St. | Suite F
Sonoma, CA 95476; Fax (707)996-9603
Email address: [email protected]

If to Owner:

SOPARC, LLC
975 Corporate Center Parkway, Suite 115
Santa Rosa, CA 95407
Attention: Compliance
Email address: [email protected]; [email protected] Section 9.4. Governing Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California.

Section 9.5. Invalidity of Agreement / Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the Agenda Item #6.3:

19 date of final entry of judgment. If any term or provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any term or provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, this Agreement shall automatically terminate as of the date of final entry of judgment or as of the date that the statute becomes effective, respectively. The Parties expressly agree that each Party is strictly prohibited from failing to perform any and all obligations under this Agreement on the basis that this Agreement is invalid, unenforceable or illegal. By entering into this Agreement, each Party disclaims any right to tender an affirmative defense in any arbitration or court of competent jurisdiction, that performance under this Agreement is not required because the Agreement is invalid, unenforceable, or illegal.

Section 9.6 Remedies Limited. City and Applicant may institute legal or equitable proceedings as set forth in Section 7.5, above. Notwithstanding the foregoing or any other provision of this Agreement, in the event of City default under this Agreement, Applicant agrees that Applicant may not seek, and shall forever waive any right to, monetary damages against City, but excluding therefrom the right to recover any fees or charges paid by Applicant in excess of those permitted hereunder.

Section 9.7. Third Party Legal Challenge.
(a) In the event any legal action or special proceeding is commenced by any person or entity challenging this Agreement, the CCBP issued to SPARC or any associated entitlement, permit, license, or approval granted by City to Applicant for the Retail Cannabis Store (collectively, “Retail Cannabis Store Litigation”), the Parties agree to cooperate with each other as set forth herein. City may elect to tender the defense to Applicant of any lawsuit filed and related in whole or in part to Retail Cannabis Store Litigation with legal counsel selected by City. Applicant will indemnify, hold City harmless from, and defend City from all costs and expenses incurred in the defense of such lawsuit, including, but not limited to, damages, attorneys’ fees and expenses of litigation awarded to the prevailing party or parties in such litigation. Applicant shall pay all litigation fees and expenses to City within thirty (30) days of receiving a written request and accounting of such fees and expenses, from City. Notwithstanding the aforementioned, City may request, and Applicant will provide to City within seven (7) days of any such request, a deposit to cover City’s reasonably anticipated Retail Cannabis Store Litigation fees and costs.
(b) Nothing in this Agreement shall prohibit the City from participating in the defense of any Retail Cannabis Store Litigation. In the event that the City requests that Applicant defend the City in connection with any Retail Cannabis Store Litigation, the City shall retain the right to (i) approve the counsel to so defend the City, (ii) approve all significant decisions concerning the matter in which the defense is conducted, and (iii) approve any and all settlements, which approvals shall not be unreasonably withheld by the City.
(c) The City shall also have the right not to participate in said defense, except that the City agrees to cooperate with the Applicant in the defense of Retail Cannabis Store Litigation. If the City chooses to have counsel of its own defend any Retail Cannabis Agenda Item #6.3:

20 Store Litigation where the Applicant has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City. Notwithstanding the foregoing, if the City Attorney's office participates in the defense, all City Attorney fees and costs shall be paid by the Applicant. (d) The Applicant also agree to so indemnify the City for all costs incurred in additional investigation or study, or for supplementing, redrafting, revising or amending any document (e.g., an EIR, Zoning Code, etc.) if such is made necessary by the Retail Cannabis Store Litigation and if the Applicant desires approvals from the City which are conditioned on the approval of said documents.
(e) In the event the City must initiate proceedings to enforce the above indemnification obligations of the Applicant, the Applicant shall indemnify the City for the City's costs, fees and expenses incurred in any such proceedings.

Section 9.8. Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Site, is and shall be conclusively deemed to have consented and agreed to every provision contained herein, but only to the extent the provision(s) was made expressly applicable to the owner of the Site, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement.

Section 9.9. Conflicts Between Agreement, Ordinance and Resolution. To the extent there exist any conflicts between this Agreement, Ordinance No. 03-2019, City rules and regulations and/or Resolution No. 72-2020, the provision that is more stringent in terms of its controls or limitations on Applicant’s operations or which provides greater protection, rights, discretion, or benefits to the City shall prevail.

Section 9.10. Joint and Several Liability. Applicant and all its owners (as defined in 16 Code Cal.

Regs. sections 5003, 5004) (“Owner”) shall be jointly and severally liable for any breach of this Agreement and for any amount due under this Agreement, and any breach of this Agreement or failure to pay by one Owner shall also constitute a breach of this Agreement by the other Owner(s).

Section 9.11. Standard Terms and Conditions.
(a) Venue. Venue for all legal proceedings shall be in the Superior Court in and for the County of Sonoma .
(b) Waiver. A waiver by any Party of any breach of any term, covenant, or condition herein contained or a waiver of any right or remedy of such Party available hereunder, at law or in equity, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition herein contained or of any continued or subsequent right to the same right or remedy. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.

Agenda Item #6.3:

21 (c) Completeness of Instrument. This Agreement, together with its specific references, attachments, and Exhibits, constitute all of the agreements, understandings, representations, conditions, warranties, and covenants made by and between the Parties hereto. Unless set forth herein, no Party to this Agreement shall be liable for any representations made, express or implied. (d) Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, written, electronic, or oral, between the Parties hereto with respect to the Site and the Retail Cannabis Store. (e) Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. (f) Number and Gender. In this Agreement, the neuter gender includes the feminine and masculine, and the singular includes the plural, and the word "person" includes corporations, partnerships, firms or associations, wherever the context requires. (g) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.
(h) Recitals. The Recitals are incorporated herein by this reference. (i) Counterparts. This Agreement may be executed simultaneously and, in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
(j) Other Documents. The Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and, to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to the fulfill the purposes and intentions of this Agreement.
(k) Time is of the Essence. Time is of the essence in this Agreement in each covenant, term, and condition herein.
(l) Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, no Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
(m) Document Preparation. This Agreement will not be construed against the Party preparing it, but will be construed as if prepared by all Parties.

Agenda Item #6.3: